Legal Question in Real Estate Law in Massachusetts

Re: No one has deed at closing-who's responsible

The short answer is to have your ex-partner execute another deed and give it to the closing attorney to be recorded. Your ex-partner should not have been paid any money until a signed deed was provided. The signed deed is what transfers his interest to you in exchange for money. It sounds like you were using proceeds from the re-financing to pay off your ex-partner. Did the refiancing lender pay the ex-partner? If so, they should have gotten a deed. The deed should have been at the closing but it is not essential since the transaction is not recorded at the Registry of Deed for at least 3 days since you have a right to rescind the transaction. The funds can only be distributed after the transaction has been recorded. The easiest solution is to have your ex-partner sign another deed. The deed could be drafted by the closing attorney.