Title Examinations Services In Massachusetts
Purchasing a home is usually the biggest purchase you'll make during your lifetime. Protecting this purchase is one of the most important steps you'll take during the closing transaction. It is crucial that the seller of the property you are buying has a "good, clear and marketable" title. This means that the property is free of any encumbrances that could prevent you from closing now, or at a later time, from selling the property to another party.
The "title" to a property describes the seller's legal rights to own, use and sell the land you're purchasing. Therefore, it is imperative that you ensure your contracted property is free to transfer. A"clear title" is one that is free of defects, liens or the possibility of litigation. Title searches are inclusive to at least the last 50 years. This is particularly important in Massachusetts where so many homes have a long history of ownership. Title issues can run the gamut, from undisclosed boundary disputes to unreleased mortgages, tax liens to debts of decedents, divorce to bankruptcy. It is often difficult to know if, and how, these issues affect the property under agreement unless a comprehensive title examination is performed by a real estate lawyer.
The title also details previous owners and transfers, including rights previously granted by other parties to your property (e.g., easements). If problems arise with the title, ownership of your land could be questioned, even after the closing. In the worst case, a buyer could lose their property and still be responsible for the mortgage, which is why title insurance is so important.
Located conveniently close to Boston in Braintree, MA, Mahoney Law Group services lenders, mortgage brokers, buyers and sellers regularly as real estate title examination lawyers throughout Massachusetts.