Legal Question in Real Estate Law in Massachusetts

Re: title search

The attorney who signs the Certificate of Title at closing is the one who will be ultimately responsible for you having clear title and is usually the closing attorney. If however you have hired an attorney to render an opinion as the title, then you should get a Certificate of Title from the Attorney or an opinion letter.

The usual way forward with this issue if you are a Buyer and have your own attorney, he will review the title search and should raise any title issues that are revealed. The Mortgage Company who hires the closing attorney will usually certify title and arrange for title insurance for the Mortgage Company. Moreover, they should offer you, if you are buying the home at that time not refinancing) a title policy for a few hundred dollars more. I recommend to all my clients to get the title insurance as it will provide in most instances more help at less cost than relying on an attorney's opinion.

Please feel free to call me if you have more questions.