5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

You’ve found your dream home in Massachusetts or New Hampshire. The offer is in, the inspection went smoothly, and closing day is in sight. But then—bam!—a title defect surfaces, and suddenly your seamless transaction feels more like a nightmare.

At The Law Office of David R. Rocheford, Jr., P.C., we know how crucial a clean title is to a successful closing. Here are five of the most common hidden title issues we see—and how our meticulous title services can keep your deal on track.

Undischarged Mortgages

An old mortgage that was paid off but never officially released in the registry? It’s more common than you’d think. Without a proper discharge, the lender still technically holds a claim, and that can stop your sale cold.

Our solution: We identify undischarged mortgages early and work directly with lenders to obtain and record releases—no surprises on closing day.

Outstanding Liens

Contractors, municipalities, and even HOA’s can place liens for unpaid debts. Whether it’s back taxes or a forgotten utility bill, these liens must be cleared before you take ownership.

Our solution: Our team runs comprehensive lien searches and coordinates payoff or discharge so your title is free and clear.

Easements and Boundary Disputes

That beautiful backyard? It may have a utility easement running through it—or worse, a neighbor disputing the boundary line. These issues can impact how you use the property.

Our solution: We’ll flag any recorded easements or encroachments and help you understand how they affect your rights as a buyer.

Errors in Public Records

Clerical mistakes happen. A misspelled name, incorrect legal description, or filing error can create confusion over ownership and cloud your title.

Our solution: Our attorneys comb through public records and fix errors before they derail your deal.

Forged or Fraudulent Documents

Unfortunately, forged deeds and fraudulent transfers do exist. If someone in the property’s past didn’t legally own it, neither will you—until it’s resolved.

Our solution: Our title exams are designed to spot these red flags and protect you from costly legal battles later.