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 Best Closings, 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!”
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!”
Jul 27, 2023 | Homeowner Tips
When it comes to applying for a mortgage, lenders take various factors into account to determine your eligibility. One crucial aspect they consider is your employment history. Your employment history provides lenders with valuable insights into your financial stability, income consistency, and ability to repay the loan.
Lenders evaluate your income consistency to ensure that you have a reliable source of funds to cover your mortgage payments. They typically request pay stubs, W-2 forms, and tax returns to verify your income. If you have been in the same job or industry for a considerable period and have a consistent or increasing income, it strengthens your mortgage application. However, if you recently started a new job or have irregular income due to freelancing or self-employment, it may require additional documentation and thorough evaluation by the lender.
Self-Employment Considerations:
If you are self-employed, the mortgage approval process may be slightly different. Self-employed individuals often face more scrutiny as their income can be less predictable compared to those with traditional employment. Lenders typically review your business financial statements, tax returns, and bank statements to assess your income stability and the overall financial health of your business. Providing a history of consistent income, strong financial statements, and a healthy credit score can improve your chances of mortgage approval.
Employment Gaps:
Extended gaps in employment can be a concern for lenders, as they may question your ability to meet your financial obligations. However, not all gaps are viewed negatively. Lenders may be more understanding if you can provide a reasonable explanation for the gap, such as furthering your education, caring for a family member, or recovering from an illness. It’s crucial to provide supporting documentation and demonstrate how you managed your finances during the gap period.
Changing Industries:
Switching careers or industries can be seen as a risk by lenders, as it may imply a learning curve or potential income instability. However, this doesn’t mean that changing industries will automatically disqualify you from getting a mortgage. If you can demonstrate that the change has resulted in an increase in income, improved job prospects, or enhanced skill sets, it can work in your favor. Strong references from your previous and current employers can also help alleviate concerns about the industry switch.
By maintaining a stable employment record, providing proof of consistent income, and addressing any gaps or career changes with supporting documentation, you can strengthen your mortgage application and improve your chances of approval. Remember to consult with a mortgage professional who can guide you through the process and provide personalized advice based on your specific situation.
Jan 31, 2023 | Homeowner Tips
Congratulations! You have finally closed on your home loan, and you are excited to get moved in. Or, you may have just refinanced your home. Regardless, all of a sudden, you start to get a bunch of junk mail in your mailbox. It can be frustrating to sort through everything, and how did they get your information in the first place?
Where Junk Mailers Get Your Personal Information
First, there are a few locations where junk mailers may have gotten your personal information. Once your property deed is recorded, it goes into the public record. Anyone who goes into the public record can find your name, the name of your lender, your loan amount, and your address. This is what they use to send you junk mail, and it is why you get flooded with a bunch of mail as soon as you close on a home loan.
Always Check Your Mail Before Shredding It
Even though you are going to receive a lot of junk, some of it is going to have your personal information listed on it. You should always check to see if your personal information is printed on the mail, and if it is, go ahead and shred it. On the other hand, you must make sure you do not throw out anything important. For example, there might be a note about property taxes, or there might be information related to changes in your loan. Always screen your mail before you shred it.
Can You Stop The Junk Mail?
It is unlikely that you will be able to stop the junk mail completely. On the other hand, there are a few locations where you might be able to opt out of some of this junk mail. If you put yourself on the do not mail registry, you may be able to reduce the amount of junk mail you receive.
Talk To A Professional To Learn More
You need to understand exactly what is happening with your home loan before you close, and that is why you should reach out to an expert who can help you. They might even be able to provide you with some advice regarding how you can stop the junk mail from coming in.
Apr 12, 2022 | Homeowner Tips
If you own a home, you must make sure it is properly protected. Hazards can change throughout the year, and one of the biggest threats during the spring is the arrival of frequent thunderstorms. If your home is damaged by a severe storm, it might be covered by your homeowner’s insurance policy. You need to take a closer look at your policy to see if you have the right coverage.
An Overview Of Home Insurance
An insurance policy is supposed to protect you against potentially severe financial consequences. For example, if your home is damaged, the repair bills could be tens of thousands of dollars. If you have home insurance, your policy may pay for this type of damage.
The right insurance policy can repair damage to your roof, fix your walls, and even replace the furniture that might have been damaged. Typically, your home insurance policy will have an initial deductible, which is an out-of-pocket expense. Then, once your deductible has been met, your home insurance policy should cover the rest up to the limit of its coverage.
Does Home Insurance Cover Storm Damage?
It isn’t unusual for a home insurance policy to cover potential storm damage. At the same time, you need to understand the limitations of your policy and the circumstances under which a claim might be paid out. For example, your home insurance policy might protect your home in the event of a thunderstorm, but it may not protect your home in the event of a flood from a nearby river or lake. You should also make sure you have enough financial coverage in your home insurance policy to repair your home and replace any damaged property.
How To Check A Home Insurance Policy
Start by reading through your policy to see what is covered in what is not. There might be a lot of jargon in the policy. If you have a difficult time understanding the wording, you should contact your insurance company and speak to a representative.
You should keep a copy of your home insurance policy in a fire-proof container or safe. This will make it easier for you to refer back to the policy if you have questions later or in the event of an emergency.
Apr 12, 2022 | Homeowner Tips
If you own a home, you must make sure it is properly protected. Hazards can change throughout the year, and one of the biggest threats during the spring is the arrival of frequent thunderstorms. If your home is damaged by a severe storm, it might be covered by your homeowner’s insurance policy. You need to take a closer look at your policy to see if you have the right coverage.
An Overview Of Home Insurance
An insurance policy is supposed to protect you against potentially severe financial consequences. For example, if your home is damaged, the repair bills could be tens of thousands of dollars. If you have home insurance, your policy may pay for this type of damage.
The right insurance policy can repair damage to your roof, fix your walls, and even replace the furniture that might have been damaged. Typically, your home insurance policy will have an initial deductible, which is an out-of-pocket expense. Then, once your deductible has been met, your home insurance policy should cover the rest up to the limit of its coverage.
Does Home Insurance Cover Storm Damage?
It isn’t unusual for a home insurance policy to cover potential storm damage. At the same time, you need to understand the limitations of your policy and the circumstances under which a claim might be paid out. For example, your home insurance policy might protect your home in the event of a thunderstorm, but it may not protect your home in the event of a flood from a nearby river or lake. You should also make sure you have enough financial coverage in your home insurance policy to repair your home and replace any damaged property.
How To Check A Home Insurance Policy
Start by reading through your policy to see what is covered in what is not. There might be a lot of jargon in the policy. If you have a difficult time understanding the wording, you should contact your insurance company and speak to a representative.
You should keep a copy of your home insurance policy in a fire-proof container or safe. This will make it easier for you to refer back to the policy if you have questions later or in the event of an emergency.
