Legal Question in Real Estate Law in Massachusetts

Legal ownership of home

My wife signed all the paperwork for closing and took possession of the keys. However, the sellers Realtor informed us that the home is not legally ours until the documents are recorded in the registry. Is this true? I think the seller's real estate agent told the seller to stay for the night until the documents are recorded the next day.


Asked on 4/23/09, 7:36 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Legal ownership of home

It is a lie. The recording is merely a legally required formality.

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Answered on 4/25/09, 9:20 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Legal ownership of home

You own the home vis-a-vis the sellers from the moment they sign and deliver the deed to you.

Consider retaining an attorney if you wish to seek damages against the sellers and /or their realtor. Good Luck!

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Answered on 4/23/09, 5:38 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Legal ownership of home

Perhaps the sellers just needed an extra day in the house. As between you and the seller, you own the home when the deed is executed. You probably should have hired an attorney.

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Answered on 4/23/09, 11:13 am


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