Apr 16, 2025 | Consumer Tips, Financial Reports, Home Buyer Tips, Home Buying Tips, Home Financing Tips, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips
Understanding Transfer Taxes (Tax Stamps) in Massachusetts
When it comes to selling real estate in Massachusetts, one fee tends to catch sellers off guard: transfer taxes, also known as real estate tax stamps. At The Law Office of David R. Rocheford, Jr., P.C., we get a lot of questions about these costs — and we’re here to make sure you (and your clients) understand what to expect.
Who Pays the Transfer Tax in Massachusetts?
In nearly all cases, the seller is responsible for paying the transfer tax. However, during the negotiation process, the parties can agree to split the fee — or shift it entirely to the buyer. Like most things in real estate: it’s all negotiable.
The current transfer tax rate is $2.28 per $500 of the property’s sale price — that’s $4.56 per $1,000. This fee is paid to the state by purchasing tax stamps from the Registry of Deeds when the new deed is recorded.
Example: On a $500,000 home sale, the transfer tax would be $2,280.
You can review current rates and exemptions on the Massachusetts Department of Revenue website.
Not exactly — transfer taxes are not tax-deductible on your income tax return. However, they do get added to the cost basis of the property, which may reduce your capital gains tax when the property is sold in the future.
Some nonprofit organizations and federal agencies are exempt. Veterans Affairs (VA) and HUD transactions, for example, often qualify for exemption — but always confirm with the Registry and your closing attorney.
- The tax applies to any sale over $100.
- The tax is separate from municipal excise taxes or local fees (if applicable).
- The stamps are literally affixed to the deed — old school, but legally required.
Small details. Big difference.
Whether you’re buying or selling, understanding transfer taxes is a small detail that can make a big difference at the closing table. We help our clients plan ahead and avoid last-minute surprises every step of the way.
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Apr 15, 2025 | Home Building Tips, Home Buyer Tips, Home Buying Tips, Home Mortgage, Home Mortgage Tips, Homebuyer Tips, Homeowner Tips
Sometimes it’s not the financing or the walkthrough that breaks a real estate deal — it’s a quiet little surprise hiding in the title report. At The Law Office of David R. Rocheford, Jr., P.C., we’ve seen more than our share of these red flags crop up at the worst moment. The good news? Most of them are preventable when you know what to look for.
Here are five title issues that can stall or kill a closing — and how Realtors®, loan processors, and mortgage teams can flag them early.
This is more common than you’d think. A loan may have been paid off years ago, but the discharge (release of lien) was never recorded with the Registry of Deeds.
Solution: Ask the title attorney to verify discharges during the title search. If one is missing, the payoff lender must provide documentation. MA’s Land Court resources can help untangle trickier cases.
Estate Sales with Unclear Authority
When a property is sold from an estate, the seller must have legal authority to transfer title — usually as executor or personal representative. But if probate is still open or not finalized in MA or NH, the sale could be delayed.
Solution: Confirm probate status early. Request Letters Testamentary (or equivalent) and verify proper legal authority before listing or lending.
From unpaid contractor bills to child support liens, old claims can resurface. Some are valid, some are mistakes — all are problems.
Solution: Make sure a title search goes back far enough. NH and MA each have lien recording rules; liens must be cleared or bonded off to close.
Boundary or Easement Disputes
A shared driveway or unclear fence line may seem minor — until one party refuses to sign off. Title insurance may exclude coverage unless it’s resolved.
Solution: Review surveys and legal descriptions. If easements or encroachments appear, bring in a real estate attorney early to negotiate terms or resolution.
Fraudulent Transfers or Forged Deeds
Rare, but real. Massachusetts and New Hampshire have both seen forged deeds or transfers from people impersonating owners, especially in vacant or investment properties.
Solution: Require in-person or verified remote notarization. Use MyOwnDeed or local registry alert systems to monitor activity tied to property titles.
Proactive Title Work. Peace of Mind at the Closing Table.
Spotting these red flags early keeps everyone out of panic mode — and ensures your deal closes clean. Our team knows how to dig deep into a title report and help you keep the path to closing crystal clear.
Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire
“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!”
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!”
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.”
Buzzards Bay, MA
Feb 14, 2025 | Buying Real Estate, Consumer Tips, Home Buyer Tips, Home Buying Tips, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Housing Market, Investment Properties, Mortagage Tips, Mortgage, Mortgage Lenders, Mortgage Tips, News, Real Estate, Real Estate Agent Information, Real Estate Tips, Real Estate Trends, Realtors, Selling Real Estate, Selling Your Home
Below is our summary of significant legislative development that impacts our industry. The Massachusetts General Court has introduced a bill titled “An Act protecting consumer rights in purchasing safe and habitable homes.” This bill, presented by Representative Brian M. Ashe and others, aims to enhance consumer protection by ensuring that buyers have the right to conduct home inspections when purchasing residential properties. Below, I have provided a detailed summary of the key provisions and implications of this bill for real estate professionals.
The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
- Buyers have the right to have the property inspected within 10 days of the seller accepting their offer, unless a different period is agreed upon in writing.
- Sellers cannot condition the acceptance of an offer on the buyer waiving their right to an inspection, except in certain cases like auctions or sales to close family members.
Every offer to purchase must include a clause informing the buyer of their right to an inspection and the conditions under which they can revoke the offer if significant defects are found.
- Sellers must comply with the inspection rights and cannot accept offers that waive these rights unless specific exceptions apply.
- Violations by sellers can result in damages to the buyer and civil penalties.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
This bill is designed to protect consumers by ensuring they have the opportunity to identify any significant issues with a property before finalizing the purchase.
The legislation has several implications for for real estate agents, brokers and Realtors:
Disclosure and Compliance:
- Real estate agents must ensure that all offers to purchase include the required language informing buyers of their right to a home inspection.
- Agents must be aware of the 10-day inspection period (or longer if agreed upon) and ensure that this is communicated clearly to both buyers and sellers.
- Agents cannot advise or encourage sellers to condition the acceptance of an offer on the buyer waiving their right to an inspection, except in specific cases like auctions or sales to close family members.
- They must ensure that sellers do not accept offers from buyers who indicate an intention to waive the inspection right, unless the exceptions apply.
Legal and Financial Implications:
- If a seller violates the provisions of this bill, the real estate agent could be implicated in any resulting legal actions or penalties. This includes potential civil penalties and damages to the buyer.
- Agents need to stay informed about the legal requirements and ensure their practices comply with the new regulations to avoid liability.
- The bill enhances consumer protection, which may increase buyer confidence in the real estate market. Agents can use this as a selling point to assure buyers that their rights are protected.
- Agents should be prepared to guide buyers through the inspection process and help them understand their rights and options if significant defects are found.
Overall, real estate professionals will need to adapt their practices to ensure full compliance with the new regulations, prioritize transparency, and protect the interests of their clients. This may involve additional training and adjustments to standard operating procedures.
Statutory Offer to Purchase Language
According to the bill each offer to purchase a residential structure or residential condominium unit shall include the following language:
“Buyer is entitled under section 115 of chapter 93 of the General 33 Laws to choose to have the premises inspected at Buyer’s expense within 10 days, or longer as Seller and Buyer may agree in writing, of Seller’s acceptance of Buyer’s offer to purchase. Unless one of the exceptions in said section 115 applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller or Seller’s agent within 5 business days of the date of the inspection, or longer as Seller and Buyer may agree in writing. Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”
Understanding and complying with this new legislation is crucial for all real estate professionals. By staying informed and adapting practices, we can better serve our clients and uphold the integrity of our industry. If you have any questions or need further clarification on this bill, please do not hesitate to reach out to one of our Real Estate Attorneys.
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!”
Jan 15, 2025 | Buying Real Estate, Consumer Tips, Home Buyer Tips, Home Buying Tips, Home Closings, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Homebuyer Tips, Homeowner Tips, Real Estate Tips, Selling Real Estate, Selling Your Home
A lot of confusion arises from myths and misconceptions about what happens during closing. Don’t worry—today, we’re clearing up five of the most common myths surrounding home closings to ensure you have a smooth and stress-free experience.
The Closing Process is Fast and Simple
While some may think closing is a quick, simple formality, it’s actually an involved process. There are plenty of legal documents, paperwork, and financial steps that need to be finalized before everything is official. Expect the closing process to take some time—more than just a few minutes—and be sure to review all documents thoroughly.
You Have to Pay All Closing Costs Upfront
Many first-time buyers worry about paying hefty fees upfront. While there are indeed closing costs, such as title insurance and appraisal fees, you don’t always have to pay everything out of pocket at once. In some cases, closing costs can be rolled into your mortgage, or you may negotiate with the seller to cover part of these expenses.
You Can’t Back Out of the Deal After Signing the Contract
It’s a big commitment, but the truth is, you *can* back out of the deal under certain circumstances—like if you find issues during the home inspection or if the appraisal doesn’t come in as expected. There are contingencies in place to protect buyers, so be sure to understand your rights before moving forward.
You Must Attend Closing in Person
The idea of spending hours in an office, signing stacks of papers in person, is intimidating to many. However, in today’s digital age, remote closings are becoming more common. Depending on the lender and state regulations, you might be able to complete the process online or at a remote location, making it much more convenient.
The Closing Date is Set in Stone
Although the closing date is agreed upon early in the process, life happens, and delays can occur. From paperwork snafus to last-minute negotiations, don’t be alarmed if the date shifts a little. Your closing agent will keep you updated on any changes and help you navigate the process smoothly.
The home closing process doesn’t have to be stressful. By debunking these myths, you can walk into your closing day with confidence and the right knowledge. With the right team by your side, like The Law Office of David R. Rocheford, JR., P.C., you can enjoy this exciting time in your home-buying journey without any unnecessary worries.
Did you know that as a homebuyer, you have the legal right to choose your own closing attorney? Many buyers aren’t aware of this right, assuming the lender or realtor has control over who represents them during the closing process. However, selecting a trusted closing attorney is crucial for ensuring that your legal rights are protected, and that the transaction proceeds smoothly. A knowledgeable attorney helps manage critical tasks like reviewing closing documents, coordinating title insurance, and addressing any legal issues that may arise. By choosing the right attorney, you’re taking an active role in safeguarding your interests and ensuring a seamless home purchase experience. For more information on the closing attorney’s role and how it can impact your transaction, read our full article!
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!”
Jul 9, 2024 | Home Mortgage, Homeowner Tips
In the world of real estate transactions, the significance of acknowledgements cannot be overstated. Whether you’re a notary, a title examiner, or a real estate professional, understanding the requirements and potential pitfalls of acknowledgements is crucial. In this blog post, we’ll delve into the Massachusetts requirements for acknowledgements, explore common pitfalls to watch out for, and discuss the implications of fraudulent deeds and mortgages.
What is an Acknowledgement?
An acknowledgement is a formal statement by the grantor that the execution of the instrument was their free act and deed. This statement is essential in verifying the voluntary nature of the signature and ensuring the validity of the document. In Massachusetts, there are statutory definitions that provide a framework for acknowledgements, emphasizing the need for satisfactory evidence of identity and voluntary signing.
Requirements for Acknowledgements In Massachusetts, the acknowledgement process involves verifying the identity of the individual signing the document through satisfactory evidence, such as a current government ID with a photo. Additionally, the signatory must confirm that their signature was voluntarily affixed for the stated purposes within the document. Notaries and real estate professionals must be familiar with these requirements to ensure compliance and validity of the documents.
Pitfalls to Watch Out For
One of the common pitfalls in acknowledgements is the omission of the name of the person who appeared in the acknowledgement clause. This seemingly minor defect can have significant implications, leading to challenges in recording the deed or mortgage and potential issues in bankruptcy cases. Additionally, defects in acknowledgements can impact the marketability of title, posing challenges for sellers and buyers alike.
Entity Authority and Fraud Risks When dealing with deeds and mortgages involving entities, it’s crucial to ensure that the acknowledgement contains the necessary language to reflect the entity’s authority. Failure to do so can result in validity issues and potential challenges in the future. Moreover, the risk of fraudulent deeds and mortgages underscores the importance of thorough verification and due diligence in the acknowledgement process.
Acknowledgements play a vital role in real estate transactions, serving as a cornerstone for validating the voluntary nature of signatures and ensuring the integrity of documents. By understanding the Massachusetts requirements for acknowledgements, being vigilant of potential pitfalls, and addressing entity authority and fraud risks, real estate professionals can navigate transactions with confidence and uphold the validity and marketability of title.
In summary, acknowledgements are not just procedural formalities but essential safeguards in the realm of real estate, warranting careful attention and adherence to statutory requirements. By staying informed and proactive, professionals can mitigate risks and uphold the integrity of real estate transactions. If you have any questions at all about this subject or any other Massachusetts Real Estate legal matter, please give one of our Attorneys a call.
Jul 6, 2023 | Home Mortgage
Calculating mortgage payments involves several variables, including the loan amount, the interest rate, and the loan term. Here are the steps to calculate mortgage payments:
Determine the loan amount: This is the amount you will borrow to purchase the property. For example, if you plan to buy a house for $300,000 and you plan to put down a 20% down payment ($60,000), your loan amount will be $240,000.
Determine the interest rate: The interest rate is the cost of borrowing the money. It is expressed as a percentage. For example, if the interest rate is 4%, you will pay 4% of the loan amount in interest each year.
Determine the loan term: This is the length of time over which you will repay the loan. For example, if you have a 30-year mortgage, you will make 360 monthly payments (30 years x 12 months).
You can use the following formula to calculate your monthly mortgage payment:
M = P [ i(1 + i)^n ] / [ (1 + i)^n – 1]
Where:
M = monthly mortgage payment
P = loan amount
i = interest rate (monthly)
n = loan term (number of months)
Using this formula, you can calculate your monthly mortgage payment by plugging in the values for P, I, and N.
Alternatively, you can use a mortgage payment calculator to calculate your mortgage payment If you choose a mortgage calculator, you will need to know your income, expenses, and debts. This information will help you determine how much you can afford to borrow. You can find a mortgage calculator online or through a mortgage lender’s website. Make sure you use a reliable calculator. Once you have a mortgage calculator, enter your financial information into the calculator. This includes your income, expenses, debts, and the loan term. Use the calculator to adjust the variables such as the interest rate, down payment, and loan term to see how they affect your monthly payment and the total cost of the loan.
The mortgage calculator will provide you with an estimate of how much you can afford to borrow, what your monthly payment would be, and the total cost of the loan. Make sure the results fit within your budget and financial goals. If you’re ready to move forward with a mortgage, it’s a good idea to consult with a mortgage lender to discuss your options and get pre-approved for a loan. They can also provide you with more information on closing costs and other fees associated with the mortgage.
