156 Hamilton St., Leominster, MA
         
Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing?

In Massachusetts and New Hampshire, the answer isn’t as straightforward as you might think. Let’s break it down so you can make the choice that’s right for you.

Who Does the Lender’s Attorney Represent?

In many cases, the attorney your lender suggests is hired to prepare the loan documents and ensure the lender’s interests are protected. That’s right: their job is to watch out for the bank—not you.

While they may seem helpful and experienced, their primary duty is making sure the lender gets paid and the mortgage is legally enforceable.

Why You Need Independent Counsel

As the buyer, you’re making a huge investment. Wouldn’t you want someone looking out for your interests? Here’s what an independent closing attorney like The Law Office of David R. Rocheford, Jr., P.C. brings to the table:

  • Protecting Your Rights: We review contracts, disclosures, and settlement statements for errors or unfavorable terms that could cost you later.
  • Preventing Surprises: From title issues to zoning concerns, we catch potential problems before they derail your closing.
  • Explaining the Fine Print: We translate legal jargon into plain English so you know exactly what you’re signing.
  • Advocating for You: If disputes arise, we’re in your corner—not the lender’s.

What the Law Says in MA and NH

  • In Massachusetts, buyers are required to have their own attorney for certain aspects of the closing process.
  • In New Hampshire, it’s not legally required, but strongly recommended—especially for first-time buyers or complex transactions.

Your Advocate at the Closing Table

At The Law Office of David R. Rocheford, Jr., P.C., we help buyers throughout Massachusetts and Southern New Hampshire close with confidence. Whether you’re buying your first home or your forever home, our team ensures your interests come first—every step of the way.

Have questions about hiring your own closing attorney? Call us today and let’s talk.

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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

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...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

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

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

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.

Why Title Matters—and Why We’re Your Best Ally

Your home is likely the biggest purchase of your life. Don’t let hidden title defects steal your peace of mind. At The Law Office of David R. Rocheford, Jr., P.C., we specialize in thorough title examinations, escrow services, and smooth closings for Massachusetts and Southern New Hampshire.

Let us handle the legal details so you can focus on your new chapter.

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

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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

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...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the “Big Beautiful Bill”—sounds like something out of a fairy tale, doesn’t it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let’s break it down, shall we? No crystal balls here, just solid impacts on your next closing adventure.

First off, the bill cranks up the State and Local Tax (SALT) deduction cap from $10,000 to a whopping $40,000. In states like MA and NH, where property taxes can feel like a dragon hoarding gold, this means buyers can shield more of those taxes from Uncle Sam. For instance, homeowners could save thousands annually, making that dream house a tad more affordable without stretching the budget to fairy-tale proportions

Then there’s the expanded mortgage interest deduction, allowing folks to deduct interest on larger loans. This tweak benefits high-end buyers and real estate pros by trimming the effective cost of borrowing, especially in pricey markets like Boston or the Seacoast.

For Granite Staters in NH, where property taxes reign supreme, that SALT boost is like finding an extra room in your new home—pure relief for middle-income families.

In MA, with its blend of high property and income taxes, the changes could mean an average tax cut, helping first-timers edge into the market

Now, here’s where a trusty real estate lawyer like us at The Law Office of David R. Rocheford, Jr., P.C. swoops in like a knight in shining armor. Navigating these tax twists during closings? We’ve got you covered with expert title exams, escrow magic, and settlement services tailored to MA and Southern NH. We ensure your deals stay compliant, safe, and legally sound—keeping surprises at bay so you can focus on the happily ever after.

Curious how this bill plays into your next transaction?

Give The Law Office of David R. Rocheford, Jr., P.C. a shout today. Let’s make your closings as big and beautiful as the bill itself!

""

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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

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...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate:

A 4-Part Insider’s Guide for Buyers and Sellers

We are pulling back the curtain on how — and why — federal agencies like FinCEN, the FBI, Homeland Security, IRS-Criminal Investigations (IRS-CI), and CFIUS monitor real estate transactions in the U.S.

Whether you’re buying with cash, investing from abroad, transferring property to a family member, or just trying to close without a headache, you’ll want to know what can trigger federal scrutiny — and how to stay off the radar.

From flagged wire transfers and shell companies to gift-of-equity sales and land near military zones, this isn’t your average title-and-keys situation.

It’s real estate with a side of national security, tax enforcement, and financial crime prevention.

4-Part Series

PART 1

Is Big Brother Watching Your Home Sale?

fbi office

What Buyers and Sellers Should Know About Federal Oversight

You’re Not Paranoid — They Might Actually Be Watching
What you didn’t know on how federal agencies keep tabs on select real estate transactions.

PART 2

Your Closing Packet Could Be a Federal File

homeland security paperwork

How Your Paper Trail Might Raise Red Flags — And What You Can Do About It

What the FBI, IRS, and Homeland Security
Could See in Your Closing Docs
We’re unpacking what agencies might spot inside your deal’s fine print.

PART 3

Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale

cross hairs

The Top Red Flags That Could Invite a Closer Look from Washington

Cash, LLCs, or Land Near a Base? You Might Just Be a Target
The warning signs that put your deal on the government’s radar — and how to stay clear.

PART 4

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

""

From Unreported Income to Shell Game Schemes
— What IRS-CI Is Looking For

Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It
Explore the patterns, documents, and loopholes that turn ordinary deals into criminal cases.

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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

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...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

Follow the Money:

How the IRS Tracks Financial Crimes Through Real Estate

From Unreported Income to Shell Game Schemes — What IRS-CI Is Looking For

Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It

When most people think of the IRS, they imagine audits and paperwork — not criminal agents working alongside the FBI and Homeland Security. But the IRS-Criminal Investigation Division (IRS-CI) is a powerful enforcement arm of the federal government, and real estate is one of its favorite trails to follow.

From luxury home purchases with unexplained funds to “gifted” equity that isn’t reported properly, the IRS-CI routinely uncovers criminal tax activity by analyzing real estate transactions. If you think your closing statement is just a formality — think again.

Real Estate as a Laundering Tool: Clean Property, Dirty Money

One of the most common IRS-CI cases involves individuals or entities using real estate to hide the source of illicit income.

Common Red Flags:

  • Homes purchased with cash not supported by reported income
  • Funds layered through multiple entities or relatives
  • Repetitive buying and selling at inflated or deflated prices

Learn how IRS-CI tracks financial crimes through real estate

“Gift of Equity” Deals with Missing Paper Trails

It’s common in family-to-family sales to offer a discount — a “gift of equity.” But when these transfers aren’t properly documented, they can flag problems on both income tax and gift tax returns.

Triggers Scrutiny When:

  • No gift letter is included in the mortgage or closing file
  • Gift exceeds the annual IRS gift exemption and is not reported via Form 709
  • Property is sold well below market value without explanation

IRS explanation of gift tax rules: When does a gift of equity trigger tax obligations?

Structuring or Smurfing Through Real Estate

IRS-CI also tracks “structuring,” also known as smurfing — where large sums of cash are broken into smaller amounts to avoid bank reporting thresholds.

How it Appears in Real Estate:

  • Multiple down payments from different accounts or people
  • Several transfers under $10,000 leading up to a purchase
  • Sudden influx of funds from unrelated sources close to closing

These patterns are especially suspicious in all-cash or entity-based purchases.

Shell Companies and Fake Deductions

If the property is being purchased or sold through an LLC or trust, the IRS wants to know who actually controls the asset — especially when tax deductions or depreciation are claimed.

Triggers Scrutiny When:

  • Owner hides behind multiple corporate layers
  • Rental property expenses are exaggerated or fabricated
  • Pass-through income isn’t declared properly

FinCEN’s Corporate Transparency Act ties directly into this enforcement
Review new rules on beneficial ownership disclosure

What This Means for Buyers, Sellers, and Agents

Whether you’re transferring a condo to your niece or selling a vacation home at a discount, the IRS-CI may see more than you expect. And in complex deals — especially those involving cash, gifts, or multiple parties — you could easily trigger review without realizing it.

IRS-CI agents don’t conduct routine audits — they build criminal cases. Your best protection is documentation, legal accuracy, and transparency.

Don’t Let a Paper Mistake Become a Tax Investigation

At The Law Office of David R. Rocheford, Jr., P.C., we guide every transaction with tax compliance in mind. Whether you’re transferring property to family, buying with equity, or structuring a trust sale — we help you stay within IRS guidelines and out of trouble.

""

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

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

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...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...