Massachusetts Real Estate Lawyer

How real estate cases proceed under Massachusetts law

Real estate matters in Massachusetts are residential transactions, and Jim Glaser Law handles them in-house. The work falls into four areas: purchase-and-sale representation for a buyer or a seller, mortgage advisory services, title insurance, and negotiation of commission rates with real estate agents on behalf of either side. Massachusetts home buyers receive purchase-and-sale representation at no charge when the firm closes the loan and writes the title insurance; other engagements are billed on a fixed-fee or hourly basis, set out in the written fee agreement.

Massachusetts title runs on recording. Under M.G.L. c. 183, sec. 4, a deed to land is not valid against anyone except the seller, the seller's heirs and devisees, and people with actual notice of it, unless it is recorded in the registry of deeds for the county or district where the land lies. For a Massachusetts property that means the registry serving the Commonwealth, and it is why the closing is built around recording the deed and the new mortgage the same day the money moves. Some parcels are registered land, held in the separate Land Court system with a certificate of title instead of a chain of recorded deeds, and a closing on registered land follows that system's rules.

When a mortgage is involved, the lender's attorney examines the title before closing. M.G.L. c. 93, sec. 70 requires the attorney acting for the lender on a residential mortgage to give a certification of title to both the borrower and the lender, based on an examination covering at least fifty years, stating that the borrower holds good record title and listing any exceptions. That certification is a statement about the record. Title insurance is a separate policy that protects an owner or a lender against covered defects found after closing, and the owner's policy is the buyer's own choice at the closing table.

Massachusetts statutes and case law

• M.G.L. c. 183, sec. 4. An unrecorded deed is not valid against anyone other than the seller, the seller's heirs and devisees, and people with actual notice; recording at the registry of deeds for the county or district is what protects a buyer.
• M.G.L. c. 93, sec. 70. The attorney acting for the lender on a residential mortgage must give a certification of title to both the borrower and the lender, based on an examination of at least fifty years.
• M.G.L. c. 183, sec. 55. After a mortgage is paid off, the lender has 45 days from receipt of payment to record a discharge or deliver one to the closing attorney or settlement agent.
• M.G.L. c. 64D, sec. 1. The deed excise: two dollars for each five hundred dollars of consideration, or fraction of it, on any deed where the consideration exceeds one hundred dollars.
• M.G.L. c. 188, sec. 1. The homestead exemptions: an automatic exemption of $125,000 for a home, and a declared exemption of $1,000,000 created by a written declaration recorded at the registry of deeds.

Common case patterns

1. A Massachusetts first-time buyer with an accepted offer who needs the purchase-and-sale agreement reviewed and negotiated before signing.
2. A the Commonwealth seller preparing for closing who needs the deed drafted, existing mortgages paid off, and the payoff discharges tracked until they are recorded.
3. A Massachusetts buyer comparing mortgage options who wants advice on the loan terms before committing to a lender.
4. A buyer or seller in Massachusetts negotiating the commission with a real estate agent, a question that became more active after the 2024 NAR settlement unbundled commission practices nationwide.
5. A Massachusetts homeowner who learns after closing that an old mortgage was never discharged or that a title defect has surfaced, and needs to know what the title insurance policy and the record show.

Typical timeline

1. The first stage is the offer and the purchase-and-sale agreement. In Massachusetts an accepted offer is usually followed by a purchase-and-sale agreement that sets the price, the deposit, the inspection and financing contingencies, and the closing date. This is the document where a Massachusetts buyer or seller has the most room to negotiate, and it is the right point to have it reviewed, before it is signed.
2. The second stage runs from signing to closing. The buyer's financing is completed and the title is examined. Where there is a mortgage, the lender's attorney examines at least fifty years of title and certifies it to both the borrower and the lender under M.G.L. c. 93, sec. 70, and the buyer decides whether to purchase an owner's title insurance policy. The seller arranges payoff figures for any existing mortgage and the deed is prepared.
3. The final stage is the closing and the recording. The deed and the new mortgage are signed, the funds are disbursed, and the documents are recorded at the registry serving the Commonwealth, which under M.G.L. c. 183, sec. 4 is what protects the buyer's title against later claims. After closing, each paid-off lender has 45 days under M.G.L. c. 183, sec. 55 to record a discharge or deliver one to the closing attorney, and following those discharges to the record is part of finishing the transaction.

What a Massachusetts real estate engagement covers

• Review and negotiation of the purchase-and-sale agreement for a buyer or a seller.
• Closing of the purchase and the mortgage loan, with the deed and mortgage recorded at the registry of deeds.
• A certification of title on a residential mortgage under c. 93, sec. 70, delivered to both borrower and lender.
• An owner's or lender's title insurance policy written by the firm.
• Mortgage advisory services on loan terms and options before a borrower commits.
• Negotiation of the commission rate with a real estate agent on behalf of either the buyer or the seller.
• Follow-up on payoff discharges under c. 183, sec. 55 until each one appears on the record.

Key terms

Purchase and sale agreement

The binding contract between a Massachusetts buyer and seller that sets the terms of a residential real estate closing.

Registry of Deeds

The county office where a recorded deed transfers title to most Massachusetts real property.

Title insurance

A policy that protects a buyer or lender against defects in the property's title discovered after closing.

Land Court

The Massachusetts court that maintains certificates of title for registered land, a separate system from recorded deeds.

Recorded land vs. registered (Land Court) land

More questions

• Do I need a lawyer to buy a house in Massachusetts?

  Where there is a mortgage, a Massachusetts attorney is part of the closing in any event: M.G.L. c. 93, sec. 70 requires the attorney acting for the lender on a residential mortgage to certify title to both the borrower and the lender. A buyer can also have separate representation on the purchase-and-sale agreement. Massachusetts home buyers receive purchase-and-sale representation from Jim Glaser Law at no charge when the firm closes the loan and writes the title insurance.

• Why does recording the deed matter in Massachusetts?

  Because an unrecorded deed does not protect the buyer against most other people. Under M.G.L. c. 183, sec. 4, a deed is not valid against anyone except the seller, the seller's heirs and devisees, and people with actual notice, unless it is recorded in the registry of deeds for the county or district where the land lies. For a Massachusetts property, that is the registry serving the Commonwealth.

• What is the deed excise in Massachusetts?

  Under M.G.L. c. 64D, sec. 1, the excise is two dollars for each five hundred dollars of consideration, or fraction of it, on a deed where the consideration exceeds one hundred dollars. On a $500,000 sale that is $2,000. Who bears it between buyer and seller is typically addressed in the purchase-and-sale agreement.

• How long does a lender have to discharge a paid-off mortgage in Massachusetts?

  Forty-five days. Under M.G.L. c. 183, sec. 55, within 45 days of receiving payment, the lender must either record a discharge itself or deliver a signed discharge to the closing attorney, settlement agent or other person who sent the payoff. An old mortgage still showing on the record after that can cloud title at the next sale.

• What does Jim Glaser Law charge for a Massachusetts real estate matter?

  Massachusetts home buyers receive purchase-and-sale representation at no charge when the firm closes the loan and writes the title insurance. Other real estate engagements, including seller representation, mortgage advisory work and commission negotiation, are billed on a fixed-fee or hourly basis, set out in the written fee agreement. Your case review is free.