Legal Question in Real Estate Law in Massachusetts

Re: Homestead

Probably not. The seller's attorney does not represent the buyer. The bank or lending institution's attorney does not represent the buyer either. Further, while a homestead is a good idea, it is not a requirement for the real estate conveyance, nor would it likely rise to the level of generally accepted standard of care in the community.

Re: Homestead

I think its a closer question. Although I don't (and won't) sue lawyers, an attorney who does not take advantage of known legal protections against liability (or attachment), like the homestead, leaving the property unprotected like a sitting duck for attachment, has arguably committed malpractice.

While I agree the bank's lawyer didn't technically represent you at closing (and s/he should have ensured the homestead was filed so the bank's asset would be protected), if you hired your own lawyer for the closing and that person missed it, without legitimate explanation or excuse, you may well have a malpractice complaint.

Not too many lawyers sue other lawyers, but they are out there. This is a close case and, if you're inclined to bring a claim, contact the lawyer in question first prior to suit (or have your lawyer do so), and see if you can resolve this quietly and informally without filing a lawsuit.