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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

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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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...

New Hampshire’s 2025 Housing Market: A Seller’s Perspective

New Hampshire’s 2025 Housing Market: A Seller’s Perspective

New Hampshire's 2025 Housing Market: A Seller's Perspective

Sellers, take note: the 2025 New Hampshire housing market is leaning in your favor. Here’s how to make the most of it.

If you’re selling a home in New Hampshire, congratulations—you’re in the driver’s seat. The 2025 market has seen home values climb past $500,000 in many areas, with inventory tighter than a parking spot in downtown Portsmouth. According to recent reports from Zillow and Norada Real Estate Investments, limited housing stock and sustained buyer interest are giving sellers the upper hand (source).

That said, a hot market doesn’t mean an easy sale. Pricing still matters. Overestimating value can slow buyer interest and delay closings. Work with a trusted Realtor® and closing attorney to streamline the deal—and make sure your paperwork and title work are ready to go. Nothing cools momentum like an unexpected lien or missing payoff statement.

With strong demand and smart preparation, sellers can maximize value and minimize hassle in today’s competitive New Hampshire market.

Works Cited

“Housing Market Trends to Watch in 2025.” Roche Realty Group, https://rocherealty.com/housing-market-trends-to-watch-in-2025/. Accessed 19 May 2025.

“New Hampshire Real Estate Market: What to Expect in 2025?” Houzeo, https://www.houzeo.com/blog/new-hampshire-real-estate-market/. Accessed 19 May 2025.Houzeo

“New Hampshire Housing Market: 2025 Home Prices & Trends.” Zillow, https://www.zillow.com/home-values/39/nh/. Accessed 19 May 2025.Zillow+1Zillow+1

“New Hampshire Housing Market Prices and Forecast 2025–2026.” Norada Real Estate Investments, https://www.noradarealestate.com/blog/new-hampshire-housing-market/. Accessed 19 May 2025.Norada Real Estate+1Norada Real Estate+1

“Residential Real Estate Trends for 2025.” NH Business Review, https://www.nhbr.com/residential-real-estate-trends-for-2025/. Accessed 19 May 2025.NH Business Review

“New Hampshire Real Estate Trends: Market Is Hot for 2025.” WMUR, https://www.wmur.com/article/new-hampshire-real-estate-housing-market-2025/63175977. Accessed 19 May 2025.WMUR

“New Hampshire Ranks #5 in the Hottest Real Estate Markets of 2025.” Laconia Daily Sun, https://www.laconiadailysun.com/news/state/new-hampshire-ranks-9-in-the-hottest-real-estate-markets-of-2024/article_0e219b6e-df07-513b-822e-c584d2f9003c.html. Accessed 19 May 2025.The Laconia Daily Sun

“New Hampshire Housing Market Forecast for Late 2024 and 2025.” Verani Realty, https://lisetremblay.verani.com/blog/760/New%2BHampshire%2BHousing%2BMarket%2BForecast%2BFor%2BLate%2B2024%2BAnd%2B2025. Accessed 19 May 2025.lisetremblay.verani.com

“Listings Continue to Trend Downward in New Hampshire Housing Market.” NH Business Review, https://www.nhbr.com/listings-continue-to-trend-downward-in-new-hampshire-housing-market/. Accessed 19 May 2025.NH Business Review+1NH Business Review+1

“Expert Forecasts for the 2025 Housing Market.” NH Realty Gals, https://www.nhrealtygals.com/blog/expert-forecasts-for-the-2025-housing-market/. Accessed 19 May 2025.nhrealtygals.com

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...

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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...

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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...

Title Trouble: 5 Hidden Red Flags That Could Derail Your NH or MA Deal

Title Trouble: 5 Hidden Red Flags That Could Derail Your NH or MA Deal

Title Trouble:

5 Hidden Red Flags That Could Derail Your NH or MA Deal

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.

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Here are five title issues that can stall or kill a closing — and how Realtors®, loan processors, and mortgage teams can flag them early.

Undischarged Mortgages

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.

Old Liens or Judgments 

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.

REFERENCES

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...

How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table:

Lessons from Recent MA & NH Transactions

Closings should be the fun part — popping champagne, handing over keys, and celebrating the finish line. But anyone in real estate or lending knows that even the smoothest transaction can hit a snag at the eleventh hour. From unsigned documents to overlooked municipal requirements, the final stages of a home loan closing in Massachusetts and New Hampshire can turn from celebration to chaos quickly.

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Here are some common culprits behind last-minute delays and what loan processors, Realtors®, and mortgage teams can do to keep things on track.

Smoke Certificates & Local Requirements (Massachusetts Specific)

In Massachusetts, sellers are responsible for obtaining a smoke and carbon monoxide detector certificate from the local fire department before closing. But fire departments don’t always have next-day appointments — and some towns have inspection backlogs.

Solution: Schedule inspections early in the process. Share this state smoke alarm compliance guide with sellers and keep your transaction timeline padded.

Title Surprises

A missing mortgage discharge or a surprise lien can halt everything. These issues are especially common with older properties, estate sales, or refinances. Even unpaid water bills in NH can delay closings.

Solution: Have the title attorney conduct a thorough title search early, and follow up on payoff letters or missing discharges well before the closing date.

Funds Not Cleared or Missing Documentation 

Sometimes buyers assume that a wire transfer or certified check guarantees immediate access. Not always. Banks may hold large deposits, and underwriters may require additional documentation — right at the finish line.

Solution: Prep buyers on timelines for cleared funds and triple-check lender requirements ahead of the final week.

“Surprise” Repairs or Walkthrough Issues 

If a final walkthrough reveals an incomplete repair or unexpected damage, it can cause stress and even stall the closing.

Solution: Set a walkthrough 24–48 hours before closing, not the morning of. This allows time to resolve any issues or negotiate credits.

Missing People 

Closings can’t happen without the right people — including sellers, buyers, and notaries. In the age of remote work and travel, someone’s vacation can mean a reschedule.

Solution: Confirm everyone’s availability well in advance and plan for powers of attorney or remote notarization when allowed (and legal — more on that in a future blog!).

Real Estate Closings Done Right — Every Time.

At The Law Office of David R. Rocheford, Jr., P.C., we’ve seen nearly everything that can go wrong at a closing. And more importantly — we know how to make it go right.

REFERENCES

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...

5 Common Myths About Home Closings Debunked

5 Common Myths About Home Closings Debunked

5 Common Myths About Home Closings Debunked

Purchasing a home is an exciting milestone, but when it comes to the closing process, many first-time buyers can feel overwhelmed.

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.

Myth #1

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.

Myth #2

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.

Myth #3

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.

Myth #4

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.

Myth #5

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?

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!

Young couple showing keys in a city background setting. The image implies the young couple has just received keys to their first home purchase.

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...

Massachusetts Homestead Act

Massachusetts Homestead Act

Massachusetts Homestead Act

The Massachusetts Homestead Act provides valuable protections for homeowners against certain claims from creditors. With the passage of the “Affordable Homes Act” on August 6, 2024, these protections were significantly enhanced, doubling the declared homestead exemptions. Below, we explore key aspects of the Homestead Act and answer common questions about what it does and does not protect.

picture of a new england home

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.

male farmer in a tracker cab, turned sideways looking back at the camera
moving boxes in a livingroom with a step ladder and empty bookshelf.

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:

  1. 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.
  2. Spousal or Child Support Obligations: Court-ordered payments related to divorce or family support are not protected under the homestead declaration.
  3. Liens for Work Done on the Property: Mechanic’s or contractor’s liens resulting from work or improvements on the home are not exempt.
  4. 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

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...