Key Takeaways
- Massachusetts uses attorneys for closings rather than title companies alone
- The Registry of Deeds records all real property documents in Massachusetts
- Massachusetts follows a "race-notice" recording system for priority
- Title insurance protects against title defects and is typically required by lenders
- TRID disclosures apply to most residential mortgage transactions
Last updated: January 2026
Title & Closing Procedures
Massachusetts has unique closing practices with attorneys playing a central role.
Massachusetts Closing Practice
Attorney Role
| Function | Description |
|---|---|
| P&S preparation | Usually seller's attorney |
| Title search | Buyer's attorney |
| Closing conduct | Attorney conducts |
| Recording | Attorney handles |
Typical Closing Participants
| Participant | Role |
|---|---|
| Buyer's attorney | Represents buyer |
| Seller's attorney | Represents seller |
| Lender representative | Handles loan documents |
| Real estate agents | May attend |
| Title company | Provides insurance |
Registry of Deeds
Recording System
| Feature | Description |
|---|---|
| Where | County Registry of Deeds |
| What | Deeds, mortgages, liens |
| Priority | Race-notice system |
| Access | Public records |
Race-Notice Priority
| Rule | Application |
|---|---|
| First to record | Generally has priority |
| Without notice | Of prior unrecorded interest |
| Good faith | Purchaser in good faith |
Title Insurance
Types
| Type | Protects |
|---|---|
| Owner's policy | Buyer/owner |
| Lender's policy | Mortgage lender |
| Premium | One-time at closing |
What It Covers
| Covered | Example |
|---|---|
| Forgery | Forged deed in chain |
| Errors | Recording mistakes |
| Undisclosed heirs | Claims from heirs |
| Fraud | Hidden liens |
| Title defects | Unknown problems |
What It Does NOT Cover
| Not Covered | Note |
|---|---|
| Known defects | Shown on title search |
| Government rights | Eminent domain |
| Future issues | After policy date |
| Zoning | Use restrictions |
Recording Requirements
Deed Requirements
| Requirement | Purpose |
|---|---|
| Signed deed | By grantor |
| Acknowledged | Notarized |
| Stamp tax paid | $4.56 per $1,000 |
| Recording fee | County fee |
Priority of Liens
| Order | Type |
|---|---|
| 1 | Real property taxes |
| 2 | Federal tax liens |
| 3 | Mortgages (by date) |
| 4 | Judgments (by date) |
TRID Disclosures
Loan Estimate
| When | Detail |
|---|---|
| Provided | Within 3 business days of application |
| Contents | Loan terms, estimated costs |
| Purpose | Compare loan offers |
Closing Disclosure
| When | Detail |
|---|---|
| Provided | 3 business days before closing |
| Contents | Final costs, terms |
| Changes | May delay closing |
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Test Your Knowledge
What recording system does Massachusetts follow?
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Test Your Knowledge
How many business days before closing must the Closing Disclosure be provided?
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