In addition to the financial complexities that buying or selling a home brings about, real estate transactions come with significant legal nuances as well. A title attorney can help ease some of that legal burden, and understanding the attorney’s role in a transaction can help you navigate the real estate buying or selling process confidently.

What Does a Title Attorney Do?

A title attorney plays a crucial role in real estate transactions, ensuring that the property being bought or sold has a clear and marketable title. Here’s a breakdown of their key responsibilities:

1. Title Search and Examination: The title attorney conducts a thorough title search to verify the legal ownership of the property and to ensure there are no liens, claims, or legal issues that could affect the transfer of ownership. This involves reviewing public records, such as deeds, court records, tax records, and other legal documents.
2. Resolves Title Issues: If any issues, such as unpaid taxes, judgments, or claims on the property are found, the title attorney works to resolve them before the closing. This might include negotiating with lien holders, clearing up disputes over ownership, or ensuring that prior debts are paid off.
3. Title Insurance: The attorney helps facilitate the purchase of title insurance, which protects the buyer and lender from any future claims or legal disputes related to the title. They explain the importance of this insurance and may work with a title insurance company to issue the policy.
4. Prepares and Reviews Legal Documents: The title attorney prepares or reviews key documents required for the transaction, such as the deed, title commitment, mortgage documents, and closing disclosures. Their job is to ensure that these documents are legally accurate and properly executed.
5. Closing the Transaction: During the closing process, the title attorney oversees the signing of documents, confirms that the buyer and seller fulfill their obligations (such as transferring funds or clearing any remaining title issues), and ensures that the deed is properly transferred. They also handle the disbursement of funds to the seller, real estate agents, and any lienholders.
6. Recording the Deed: After the transaction is complete, the title attorney ensures that the deed and other relevant documents are recorded with the appropriate government office, officially transferring ownership to the buyer.

Who Needs a Title Attorney?

Under Mass General Laws, Chapter 93 Section. 70, an attorney must provide a certification of title examination which covers a period of at least 50 years. However, anyone who is buying property in Massachusetts, whether a lender is involved or not, should have a title attorney examine their title. A title issue, discovered after a property is purchased, can be cost prohibitive and involve lengthy court proceedings to resolve.

How to Find a Reputable Title Attorney

Do your homework to find a law firm that specializes in real estate conveyancing. Wherever you find a reputable law firm, you can be confident that there will be a proficient title attorney analyzing your title.

Conclusion

A title attorney protects buyers, sellers, and lenders from legal complications that could arise from unresolved title issues. Whether you’re purchasing your first home or you’re an experienced homebuyer, partnering with an experienced title attorney can bring you peace of mind in knowing that your property’s title is clear.

If you are interested in learning more about how a title attorney can assist in a real estate transaction, contact Christos Viores at Ligris + Associates PC.

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