Nov 15, 2024 | Buying Real Estate, Home Buyer Tips, Homebuyer Tips, Real Estate, Real Estate Agent Information, Real Estate Tips
Buying a home is one of the most exciting and important decisions you’ll ever make. It’s a significant milestone, but also a complex process with a lot of moving parts. Whether you’re a first-time homebuyer or a seasoned homeowner, it’s crucial that you feel confident every step of the way—and that includes your closing.
When you’re nearing the end of the home-buying process, one aspect that’s often overlooked is the role of your closing attorney. Here’s the good news: In Massachusetts and New Hampshire, you have the right to choose your own closing attorney. Yes, you have the power to select someone who will be there to guide you, protect your interests, and ensure a smooth closing.
What Exactly Does a Closing Attorney Do?
A closing attorney plays a key role in making sure everything goes smoothly at the finish line. They handle a lot of important details to make sure your home purchase is legitimate, legally sound, and properly executed. Here’s a quick overview of their role:
- Reviewing and explaining documents: They’ll go through the purchase agreement, mortgage documents, and other legal paperwork to make sure everything is in order.
- Title review: They’ll ensure that the home you’re buying has a clear title, meaning there are no legal claims against the property.
- Disbursement of funds: The attorney ensures that all the funds are distributed correctly at closing, including payments to the seller, real estate agents, and any other parties involved.
- Notarizing documents: They will handle any necessary notarization of documents to make the closing official and legal.
- Guiding you through the closing: They’ll be there to explain the process, answer your questions, and help you understand the terms of your agreement.
Why Should You Choose Your Own Attorney?
In many cases, lenders or real estate agents may suggest a particular attorney or title company to handle the closing. While it’s not uncommon for this to happen, it’s important to understand that you are not required to use their choice of attorney.
Why is this so important? Because when it comes to the closing of your home purchase, you want someone who has your best interests in mind—not the interests of a lender or seller. Your closing attorney’s role is to protect you throughout the entire process, and that includes making sure the paperwork is accurate, the title is clear, and that no last-minute issues arise.
If you feel more comfortable with someone else, or if you have a trusted attorney you’ve worked with before, it’s your right to bring them into the process.
How to Find a Closing Attorney
If you’re wondering how to find a qualified closing attorney, don’t worry—you’ve got options. Start by asking your real estate agent for recommendations. Many agents work closely with experienced attorneys and can point you in the right direction. Alternatively, your local bar association often offers a lawyer referral service, which can help you find a reputable attorney in your area who specializes in real estate law.
It’s also a good idea to interview a few attorneys before making your decision. You’ll want to ask about their experience with real estate transactions, their approach to the closing process, and what their fees are. It’s important that you feel comfortable and confident in your choice.
Why You Should Care About Your Closing Attorney
Ultimately, the closing attorney is there to safeguard your interests. You’ve likely spent months—or even longer—searching for the perfect home, securing financing, and navigating the complexities of the real estate market. The last thing you want is to rush through the closing process without fully understanding the terms of your deal.
By selecting your own attorney, you can rest easy knowing that you’ve got someone on your side, advocating for your best interests, and ensuring everything is done right.
Don’t Let Anyone Rush You
It’s easy to get caught up in the excitement and feel pressure from various parties involved in the transaction. But remember: the closing is your moment, and you deserve to feel confident about every decision, including who represents you.
Take a moment to select an attorney who will guide you through the process with transparency, integrity, and expertise. After all, buying a home is a big investment—and you deserve to have peace of mind that everything is being handled professionally.
Take Control of Your Home Purchase!
As you move toward closing on your new home, remember that you have the right to choose your own closing attorney in Massachusetts and New Hampshire. This is an important part of the process, and it’s essential that you feel fully supported and protected. If you’re unsure where to start, reach out to your real estate agent or local bar association for recommendations. The right closing attorney can make all the difference in ensuring your home-buying experience is a smooth and successful one.
Want to learn more about the home-buying process or need recommendations for trusted closing attorneys? Reach out today—we’re here to help you every step of the way!
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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.”
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.”
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!”
Oct 23, 2024 | Home Buyer Tips, Home Seller Tips, Homebuyer Tips, Homeowner Tips, Mortgage Tips, Real Estate, Real Estate Tips
What is the Homestead Act and How Does It Protect You from Creditors in Massachusetts?
The Massachusetts Homestead Act (MGL c. 188) is designed to protect the equity in your primary residence from being claimed by unsecured creditors. With the recent changes under the “Affordable Homes Act,” homeowners who have filed a *declared homestead* can now shield up to $1,000,000 of home equity from creditors. For elderly (age 62 or older) and disabled homeowners, the protection is even greater: eligible homeowners can “stack” their exemptions, safeguarding up to $2,000,000 in equity.
This protection applies to unsecured debts, meaning that creditors cannot force the sale of your home to recover these types of debts if you have filed a homestead declaration. However, it is essential to understand what this act does not cover.
What is the Elderly Homestead Exemption in Massachusetts?
The *elderly homestead exemption* allows homeowners who are age 62 or older to further protect the equity in their principal residence. By filing a homestead declaration and meeting the age requirement, elderly homeowners can “stack” their exemptions with other qualifying residents, effectively doubling the equity protection to $2,000,000. This provision also applies to disabled homeowners who meet specific disability criteria.
This expanded exemption offers significant peace of mind, ensuring that a substantial amount of home equity remains secure in the event of financial difficulties.
What is Not Protected by a Declared Homestead?
While the Massachusetts Homestead Act provides robust protections, it does not shield against all claims. The following types of debts and obligations are *not* covered by a declared homestead:
- Secured Debts: Mortgages, home equity loans, and property tax liens. If you default on your mortgage or property taxes, the lender or the government can still foreclose on your property.
- Spousal or Child Support Obligations: Court-ordered payments related to divorce or family support are not protected under the homestead declaration.
- Liens for Work Done on the Property: Mechanic’s or contractor’s liens resulting from work or improvements on the home are not exempt.
- Certain State or Federal Liens: Examples include IRS tax liens or state tax obligations that override the homestead protection.
Can a Lien Be Placed on a Homestead Property in Massachusetts?
Yes, a lien can be placed on a homestead property in certain situations. For instance, if you owe money for unpaid taxes, a creditor like the IRS or the Massachusetts Department of Revenue can place a lien on your home, even if you have filed a homestead declaration. Similarly, if a creditor wins a lawsuit against you and secures a judgment lien, they can place it on your property. However, the Homestead Act ensures that your home cannot be forcibly sold to satisfy *unsecured* judgment debts up to the protected amount.
It is important to seek legal guidance if you are concerned about potential liens or creditor claims affecting your homestead protection.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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.”
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.”
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!”
Oct 8, 2024 | Home Buyer Tips, Real Estate
As a new homeowner in Massachusetts, safeguarding your property against fraud is paramount. The Massachusetts Registries of Deeds has your back with their innovative Owner Alert Service – a free, user-friendly tool designed to keep you informed and your property secure.
Your Property, Your Peace of Mind
Imagine waking up one day to find that someone has fraudulently recorded a document against your property. It’s a nightmare scenario that, unfortunately, can happen. But what if you could be instantly notified of any recording activity related to your property? That’s exactly what the Owner Alert Service offers.
What is the Owner Alert Service?
The Owner Alert Service is a free notification system available to property owners in Massachusetts. When you subscribe, you’ll receive an email alert whenever a document is recorded against your property in the Registry of Deeds. This real-time notification system serves as your first line of defense against potential property fraud.
Benefits That Speak Volumes
- Instant Notifications: Stay informed about any activity related to your property in real-time.
- Fraud Prevention: Quickly identify and address any suspicious or unauthorized recordings.
- Peace of Mind: Rest easy knowing you have an extra layer of protection for your valuable asset.
- Cost-Free: Enjoy this invaluable service at absolutely no cost to you.
- User-Friendly: Easy to set up and manage, even for those who aren’t tech-savvy.
How to Sign Up: Your Step-by-Step Guide
- Visit the https://cns.masslandrecords.com/WelcomeUser.aspx.
- Click on the “Create New Account” button.
- Complete the initial registration form.
- Check your email for your password and follow the instructions provided.
- Log in using your email address and password.
- Input up to two names (individual or business) and the corresponding city or town for monitoring.
That’s it! You’re now protected by the Owner Alert Service.
Real Estate Professionals:
For real estate professionals, the Owner Alert Service is more than just a tool – it’s a value-added service you can offer your clients. Imagine being able to tell your clients, “I’ve got your back even after the sale is complete.” It’s a powerful way to build trust and long-term relationships.
Protect Your Property
Don’t wait for a problem to occur. Take proactive steps to secure your property today!
Sign Up Now
Remember, in the world of real estate, knowledge is power. The Owner Alert Service empowers you with timely information about your property, allowing you to act swiftly if any unauthorized changes occur. It’s not just a service; it’s your property’s first line of defense.
By leveraging this free tool, you’re not just protecting your property – you’re securing your peace of mind. So why wait? Sign up for the Owner Alert Service today and take control of your property’s security!
Oct 16, 2023 | Home Buyer Tips, Home Seller Tips, Real Estate
Introduction
For many people, buying a house ranks among the top three most stressful experiences in life, alongside major life events like marriage and starting a family. The process is often fraught with uncertainty, endless decision-making, and a rollercoaster of emotions. As a real estate agent, understanding and empathizing with the needs and stresses that keep your clients up at night can set you apart from the competition and make a profound difference in their journey. In this article, we’ll explore how you can become the real estate agent who truly rises above, making the home buying process as smooth and stress-free as possible for your clients.
Listen with Empathy
One of the most valuable skills a real estate agent can possess is the ability to listen actively and empathize with their clients. Homebuyers often grapple with a whirlwind of emotions, from excitement to anxiety. By creating an open and empathetic space for them to express their concerns and preferences, you can provide tailored solutions and ease their stress.
- Active Listening: Take the time to truly understand your clients’ goals, concerns, and what they envision in their dream home.
- Acknowledge Emotions: Be prepared to validate and acknowledge the emotional aspects of the home buying process, such as nervousness, anticipation, or even fear of making a wrong decision.
- Responsive Communication: Always respond to client inquiries and concerns promptly, ensuring they feel heard and valued.
Educate and Inform
A major source of stress for homebuyers is the fear of the unknown. Your role as a real estate agent includes being an educator. By providing comprehensive information and guidance throughout the process, you can alleviate many worries and uncertainties.
- Market Insights: Share in-depth knowledge about the local market, current trends, and pricing to set realistic expectations.
- Legalities and Contracts: Explain complex legal documents and contracts in simple terms, ensuring clients fully comprehend their obligations.
- Timeline and Process: Provide a clear, step-by-step roadmap of the home buying process, so clients are aware of what to expect at each stage.
Transparent Communication
Transparency is key in reducing anxiety for homebuyers. They need to trust that you’re always working in their best interests. Building this trust comes through open and honest communication.
- Pricing Discussions: Have candid conversations about the true costs of homeownership, including property taxes, maintenance, and potential unexpected expenses.
- Market Fluctuations: Address any concerns about market fluctuations and their potential impact on the home’s value.
- Timely Updates: Keep clients informed about the status of their transactions and any potential challenges that may arise.
Personalized Solutions
No two clients are the same, and their needs and stressors can vary significantly. Personalization is the key to ensuring their home buying journey is as smooth as possible.
- Property Selection: Tailor your property recommendations to match your client’s unique preferences, whether it’s about location, style, or budget.
- Problem Solving: Address individual concerns proactively. If a client is worried about the commute to work or the quality of local schools, help find solutions to these issues.
- Support Network: Recommend trusted professionals like mortgage brokers, inspectors, and lawyers who can provide additional support.
After-Care and Follow-Up
Stress doesn’t always end when the closing papers are signed. As a real estate agent who goes above and beyond, ensure you’re there for your clients even after the deal is done.
- Post-Closing Support: Offer assistance with the post-move period, providing resources and information to help them settle comfortably into their new home.
- Follow-Up Communication: Reach out periodically to check in on your clients’ satisfaction and address any concerns or questions.
In conclusion, understanding and alleviating the stress that comes with buying a home is a way to set yourself apart as a real estate agent. By actively listening, educating, communicating transparently, providing personalized solutions, and offering after-care, you can make the home buying process a positive and memorable experience for your clients. Your dedication to their well-being will not only foster trust and loyalty but also position you as a top-tier real estate agent who genuinely cares about their clients’ needs and concerns.
Oct 5, 2023 | Home Buyer Tips
If you’re worried about your bad credit, you’ll want to do everything in your power to improve your rating as quickly as possible – especially if you have a major purchase coming up. Improving your credit rating can give you access to better interest rates on mortgages or even help you to get that job you’re after.
IMPORTANT! If you are currently involved in a home loan transaction, speak with your trusted real estate advisor before taking any action regarding your credit!
So how can you boost your FICO score quickly and easily? Here’s what you need to know.
Get Your Credit Report And Dispute Any Errors
Credit reporting agencies don’t always keep 100% perfect records, and there’s a good chance that your credit report contains at least one error. One recent FTC study found that 25% of consumers have an error on their credit report, and that in 5% of cases, the errors were actually severe enough to impact the loan terms that borrowers were able to negotiate.
You can get your annual credit report from all three credit reporting agencies for free. Carefully read over it. If you see any errors – if your name is misspelled, if they have the wrong address on file, or if there are late or unpaid charges that you didn’t make – you can dispute the items in question.
Still Overdue? Negotiate Payment Terms With Your Creditors
If you’re overdue on a payment, it will weigh heavily on your credit score. As your payment history makes up a full 35% of your FICO score, this is one area where you’ll want to invest a great deal of time and effort.
Contact any creditors you owe money to and ask if you can negotiate your bill. The ideal outcome for you is to have the creditor report your debt as paid in full, so see if you can secure that promise in writing in exchange for an accelerated payment schedule.
Try Maintaining A Lower Utilization Ratio
Your utilization ratio refers to the amount of credit you use at any given time. If this number goes beyond 30 percent, you’ll start to see your credit score drop. Ideally, you should aim for a utilization ratio below 10 percent – this will prove to your lender that you can responsibly pay for the credit you use.
Have Recurring Bills? Automate Your Payments
Automating your monthly payments can be a great way to boost your credit score. Whether it’s your mortgage, your credit card, or your student loan, a pre-authorized monthly payment will ensure that everything gets paid on time and give you a great credit history.
Your FICO score is a number that will determine your eligibility for mortgages and other loans. These are general tips to help with your credit score and improve the overall reporting of your credit.
Sep 25, 2023 | Home Buyer Tips, Home Mortgage Tips, Real Estate
Recent reports from various title companies and other leaders in the real estate industry show that across the United States, systematic fraudulent schemes involving sophisticated seller impersonation efforts are targeting existing owners and prospective purchasers of vacant, unencumbered land. These schemes target both residential and commercial properties in rural and metropolitan areas alike.
The scammers orchestrating these schemes typically begin by searching various real property records to identify real estate that is free of any mortgage or other liens (often vacant lots or rental properties) and the identity of the property owner. Next, scammers will contact a real estate broker posing as the owner to list the property for sale (often at a below market value to generate immediate interest). Once a prospective buyer is identified, the closing process will begin. Although scammers typically will communicate only by email through this process, more sophisticated operations recruit individuals to participate in all transactional phases, including diligence phone conversations and even personal appearances at signings. When facilitating due diligence and closing efforts, scammers will forge notary stamps, signatures and even identification documents such as driver’s licenses. These falsified documents are provided to the title company or closing attorney at closing, the fraudulent deed is recorded and the buyer’s funds are wired to the scammer (often to an overseas account).
Red flags include:
- No outstanding mortgages – free and clear property
- Vacant land
- Seller in a rush to close
- Owner is a non-US citizen
- Sales amount is usually under $50,000
- County’s Property Appraiser records show the owner’s address to be outside of the U.S.
- Real estate agent never meets with principals and is hired by e-mail
- Sale documents are e-mailed to seller(no in-person closing or use of RON)
- Typographical errors and non-matching signatures
- Passport/ID appears suspect –cut and pasted photos, for example
- Notary acknowledgments are suspect and may claim to be f rom U.S. Embassy or an attorney/notary in South Africa or other foreign country
- Purported owner is not currently located at the owner’s address listed in the county’s tax records
- Wiring instructions use banks not located in the owner’s country of residence, as shown in county’s tax records, and/or list third-party payee/account owner
- Multiple foreign countries involved for one party(seller in one place, documents notarized in another, wire going to another country, for example)
- Documents sent to title company already executed without prior inquiry to title company about how they need to be completed and acknowledged.
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