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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

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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

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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

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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...

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Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

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Accessory Dwelling Units (ADUs) — small, independent living spaces on the same property as a main home — just got a big green light in Massachusetts. Thanks to the Healey-Driscoll Administration’s “Affordable Homes Act,” homeowners can now build or convert ADUs by right in many communities, making it easier to add housing and income flexibility.

If you’re a Realtor®, lender, or homeowner, here’s what you need to know to make sense of the new rules — and how they impact your property or transactions.

What’s an ADU?

An ADU is a secondary living unit with its own sleeping, eating, cooking, and bathroom facilities. Think: a converted garage, a backyard cottage, or a finished basement with a separate entrance.

New Rules (Effective 2024):

The updated state law allows ADUs:

  • As detached structures
  • As additions to existing homes
  • As conversions of garages, attics, or basements

To qualify, the ADU must be:

  • Less than half the size of the primary residence or under 900 square feet
  • Located in a single-family zoning district
  • Code-compliant with a separate entrance
duplex housing in the city

Key Protections for Homeowners 

The new law, under MGL Chapter 40A, Section 3, overrides local zoning if the ADU meets minimum state standards:

  • Cities cannot ban single ADUs
  • Owner occupancy is not required
  • ADUs can be rented for long-term housing
  • Only one extra parking spot can be required

Local Nuances Still Apply: 

Municipalities can:

  • Ban short-term rentals (Airbnb, etc.)
  • Restrict ADUs in flood zones or historic districts
  • Require compliance with Title V septic and environmental regulations
Basement Apartment Housing

Zoning Still Matters

Each of Massachusetts’ 351 towns has its own zoning quirks. While ADUs are protected, local rules may shape your options. Thinking of building one? Start by calling your local planning board.

At The Law Office of David R. Rocheford, Jr., P.C., we help clients navigate land use, permitting, and local regulations with confidence. Whether you’re buying, building, or advising, we’re here to help.

REFERENCES

Contact

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Copyright © 2025 Divi. All Rights Reserved.

2025 Real Estate Trends: What Buyers and Sellers Need to Know in Massachusetts and New Hampshire

2025 Real Estate Trends: What Buyers and Sellers Need to Know in Massachusetts and New Hampshire

2025 Real Estate Trends

WHAT BUYERS AND SELLERS NEED TO KNOW IN MASSACHUSETTS AND NEW HAMPSHIRE

The real estate market is always shifting, and 2025 is shaping up to be no different. Whether you’re buying your first home or selling your fifth, staying informed on emerging trends can help you make smarter decisions. Here’s what to watch for in Massachusetts and New Hampshire this year:

AI in Real Estate: Smarter Searches, Faster Decisions

Artificial intelligence isn’t just for sci-fi movies anymore. In 2025, AI-powered tools are taking center stage in real estate. Automated property valuations, predictive analytics, and smart contract systems are helping both buyers and sellers make better-informed decisions.

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Check out Zillow’s AI-powered Zestimate tool for automated property valuations.

Remote Closings and Digital Notarization: Convenience at Your Fingertips

Gone are the days of scrambling to find a babysitter or leaving work early to sign documents in person. With digital notarization and remote closings gaining popularity, finalizing a real estate transaction can often be done from the comfort of your couch.

Note: Remote closings are determined by state and local allowances, please defer to your Closing Attorney for any questions regarding the closing process and options.

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Learn more about secure e-closings with Notarize.com.

Eco-Friendly Features in Demand

Today’s buyers are increasingly prioritizing sustainable living. Homes with solar panels, energy-efficient windows, and improved insulation are becoming top contenders. In New England’s chilly winters, these upgrades can mean real savings (and warmer toes).

$

Explore energy-saving home upgrades at Energy Star’s Home Improvement Resources.

Market Shifts in Coastal Areas

With rising insurance costs and climate risks, coastal properties in Massachusetts and New Hampshire may see shifts in demand. Buyers are becoming more cautious, and sellers are exploring ways to make their properties more resilient.

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 See how FEMA’s Flood Map Service Center helps homeowners assess flood risks.

Tips for Navigating a Competitive Market

If you’re buying in 2025, expect some competition. Here’s how to stand out:

  • Get pre-approved for your mortgage to show sellers you’re serious.
  • You can choose a trusted closing attorney to work with ensuring your paperwork is airtight.
  • Don’t skip the home inspection, even in a bidding war—it’s your best defense against post-closing surprises.

For sellers: Highlight energy-efficient upgrades, emphasize flexible spaces like home offices, and work with an experienced real estate attorney to ensure a smooth closing process.

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Discover mortgage pre-approval tips from Rocket Mortgage.

Stay Ahead of the Curve

The 2025 real estate landscape may feel unpredictable, but with the right guidance, you can confidently navigate the market. Whether you’re buying or selling in Massachusetts or New Hampshire, The Law Office of David R. Rocheford, Jr. P.C. is here to help ensure your closing process goes smoothly.

Ready to take control of your closing experience? Contact us today to learn more about your rights and how we can help you through the process.

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

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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

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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...

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws (Amended)

An Act protecting consumer rights in purchasing safe and habitable homes

PDF: HOUSE No. 245 Filed

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.

KEY POINTS

Purpose:

The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.

Inspection Definition:

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.

Buyer’s Rights:

  • 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.

Offer to Purchase:

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.

Seller’s Obligations:

  • 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.

Enforcement:

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.

Implications:

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.

Offer Conditions:

  • 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.

Consumer Protection:

  • 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

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

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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?

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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...

What To Consider When Shopping For Interior Paint

What To Consider When Shopping For Interior PaintIf you are looking for a way to increase the value of your home, you may have thought about putting a fresh coat of paint on it. If you have beautiful paint throughout your home, you can increase the value of your home. Even though you are probably focused on the color, you need to think carefully about several other factors. What do you need to consider when looking for interior paint for your home?

Where The Paint Is Going

You can start by thinking about where the paint is going. Some people like to use the same color throughout the entire house. On the other hand, you may have different colors in mind for different rooms in your home. For example, you may choose a different color for your bathroom than you do for the living room. You might choose a different color for a child’s bedroom when compared to the master bedroom. Always think about where the paint is going before you make a final decision.

How Far The Paint Will Go

Even though you are probably focused on the price tag, you also have to think about how much paint you need to use to cover the room completely. For example, if you are painting a dark surface, you should be able to use less paint to finish the job. Even though a premium product may have a higher price tag, it might go further. Therefore, you might not need to purchase as much to finish the job. 

The Finish

The finish is just as important as the color when you choose a product. The finish determines how much light reflects off the surface. Do you want the pain to stand out? If so, you might want a glossy finish. Do you want the pain to fade into the background? If so, you may be interested in a flat finish.

Choose The Right Paint For The Job

Clearly, there is a lot to think about if you want to paint the interior of your home. You may want to contact an interior paint professional to help you select the right paint for your house.