Last Friday, the Real Estate Bar Association of Massachusetts (REBA) filed an action in Suffolk Superior Court against a non-lawyer settlement service provider, National Loan Closers, Inc., and a number of Massachusetts lawyers who continue to perform “witness only” closings in violation of Real Estate Bar Ass’n for Massachusetts, Inc. v. National Real Estate Information Services, 459 Mass. 512, 946 N.E.2d 665 (2011). The filing followed a unanimous vote of the REBA’s Board of Directors.
“ ‘Witness only’ closings violate Massachusetts law prohibiting the unauthorized practice of law, place homebuyers and mortgage lenders at risk, erode the public’s confidence in the Commonwealth’s recording and registration system, and deprive the Massachusetts IOLTA Program of thousands of dollars of revenue,” said Chris Pitt, REBA’s President.
“Although most lenders, title companies, and title insurers now recognize that ‘witness only’ closings are not permitted in the Commonwealth, there are still some who persist,” said Tom Moriarty, Co-chair of the Committee on the Practice of Law by Non-Lawyers. “There is no justification for these unlawful practices to continue and title insurers, title companies and the attorneys who participate in ‘witness only’ closings should stop.”