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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

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 David R. Rocheford, Jr., P.C., we know how crucial a clean title is to a successful closing. Here are five of the most common hidden title issues we see—and how our meticulous title services can keep your deal on track.

Undischarged Mortgages

An old mortgage that was paid off but never officially released in the registry? It’s more common than you’d think. Without a proper discharge, the lender still technically holds a claim, and that can stop your sale cold.

Our solution: We identify undischarged mortgages early and work directly with lenders to obtain and record releases—no surprises on closing day.

Outstanding Liens

Contractors, municipalities, and even HOA’s can place liens for unpaid debts. Whether it’s back taxes or a forgotten utility bill, these liens must be cleared before you take ownership.

Our solution: Our team runs comprehensive lien searches and coordinates payoff or discharge so your title is free and clear.

Easements and Boundary Disputes

That beautiful backyard? It may have a utility easement running through it—or worse, a neighbor disputing the boundary line. These issues can impact how you use the property.

Our solution: We’ll flag any recorded easements or encroachments and help you understand how they affect your rights as a buyer.

Errors in Public Records

Clerical mistakes happen. A misspelled name, incorrect legal description, or filing error can create confusion over ownership and cloud your title.

Our solution: Our attorneys comb through public records and fix errors before they derail your deal.

Forged or Fraudulent Documents

Unfortunately, forged deeds and fraudulent transfers do exist. If someone in the property’s past didn’t legally own it, neither will you—until it’s resolved.

Our solution: Our title exams are designed to spot these red flags and protect you from costly legal battles later.

Why Title Matters—and Why We’re Your Best Ally

Your home is likely the biggest purchase of your life. Don’t let hidden title defects steal your peace of mind. At The Law Office of David R. Rocheford, Jr., P.C., we specialize in thorough title examinations, escrow services, and smooth closings for Massachusetts and Southern New Hampshire.

Let us handle the legal details so you can focus on your new chapter.

5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

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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Is Big Brother Watching Your Home Sale? What Buyers and Sellers Should Know About Federal Oversight

Is Big Brother Watching Your Home Sale? What Buyers and Sellers Should Know About Federal Oversight

Is Big Brother Watching Your Home Sale?

What Buyers and Sellers Should Know About Federal Oversight

From anti-money laundering orders to foreign land purchase scrutiny, here’s how U.S. agencies monitor real estate transactions — and when it matters to you.

If you’re buying or selling a home, you might assume it’s a personal, private transaction — just you, your agent, and the closing attorney. But in certain cases, federal agencies like FinCEN, Homeland Security, and even the FBI are quietly watching the real estate market.

This isn’t a reason to panic, but it is worth understanding. Here’s how — and why — the government may be involved in your next transaction:

Anti-Money Laundering: FinCEN’s Role in Real Estate

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) monitors real estate deals in specific high-risk areas to crack down on money laundering through all-cash home purchases.

  • These regulations apply in select cities through Geographic Targeting Orders (GTOs).
  • They require title companies to report the beneficial ownership of entities buying real estate in cash over certain thresholds.
  • As of 2024, targeted areas include New York, Miami, San Diego, Los Angeles, San Francisco, and Boston.

Read more on FinCEN’s official Geographic Targeting Orders

CFIUS and Foreign Buyers: National Security Meets Real Estate

The Committee on Foreign Investment in the United States (CFIUS) has expanded its oversight to include foreign real estate purchases near sensitive sites, like military bases and ports.

  • Under the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS can now review real estate deals — even when no company is being acquired.
  • In 2023, the Air Force raised national security concerns after a Chinese firm purchased land near a base in North Dakota.

Learn how CFIUS reviews real estate deals under FIRRMA

Read CNBC’s coverage of the North Dakota land controversy

Immigration Status & Mortgage Oversight

Mortgage lenders are required to verify a borrower’s identity and legal status — and that can intersect with immigration records. While not a direct Homeland Security audit, your file could draw attention if:

  • False immigration documents are used
  • Fraud is suspected on the loan application
  • You’re applying for a government-backed loan, like FHA or VA

See FHA loan requirements for non-citizens

FBI & IRS Involvement: When Real Estate Becomes a Red Flag

The FBI and IRS-Criminal Investigations (CI) monitor patterns that may suggest:

  • Title fraud or forged documents
  • “Straw buyer” schemes where someone falsely claims to be the primary buyer
  • Real estate used to hide unreported income or launder money

These agencies don’t monitor every deal, but they do act when something doesn’t add up.

Review the FBI’s real estate fraud alerts

What This Means for You

Most buyers and sellers won’t hear from a federal agency during a transaction — but in today’s security-conscious landscape, transparency and legal compliance matter more than ever.

  • Selling to a foreign investor? Disclose clearly and understand CFIUS boundaries.
  • Buying in cash with a trust or LLC? Expect extra scrutiny in some cities.
  • Applying for a mortgage? Make sure your documentation is accurate and legal.

As always, work with a reputable closing attorney and disclose honestly — it’s the best way to keep your deal (and your name) off anyone’s watchlist.

Want to Make Sure Your Deal Is Air-Tight?

Whether you’re buying or selling, we help you cover every angle — from contract review to full closing services. At The Law Office of David R. Rocheford, Jr., P.C., we work to keep your transaction compliant, smooth, and secure from start to finish.

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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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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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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

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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

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Should You Hire Your Lender’s Closing Attorney in MA & NH?

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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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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...

Understanding How Home Equity Works and Why Buying a Home Can Be Your Best Investment

Understanding How Home Equity Works and Why Buying a Home Can Be Your Best InvestmentWhen delving into the world of real estate and investment property, there are many terms that will come up that require further explanation. Whether you’ve never heard the phrase ‘home equity’ before or you have a little familiarity, here are the ins and out of what it means and how this asset can help your financial outlook.

All About Home Equity

Essentially, home equity refers to your portion of the value of your home, and the amount of this figure is important because it is included among your assets when determining your net worth. If this sounds confusing, think of it this way: if you have completely paid off the cost of your home, the value of your home equity is this total amount. Of course, because most people seek a lender to borrow money from when they purchase a home, their home equity would consist of their down payment and whatever amount they’ve paid down on the mortgage since purchase.

An Example Of Home Equity

To provide further clarification, let’s use the example of a house that has been purchased for $300,000. In the case that a down payment of 20% has been provided at the time of purchase, the equity in the home would be $60,000. Since this amount is the percentage and cost of the house that’s been paid down, this is the amount of the house that is actually owned and this will be figured among an individual’s assets.

How Home Equity Works

As you pay the amount that you owe on your home each month, you are paying off your total debt and thereby increasing your equity. Since this amount of money is considered an asset that belongs to you, it can be used down the road to buy another home or invest in other important things like education or retirement. While paying off the amount owed on a home is a considerable investment, if the value of your home increases, this means that you’ll still owe the same on it but your home equity will have automatically increased.

As an asset that is part of your financial net worth and can be used down the road to fund other investments, home equity is a very useful term to know when it comes to purchasing a home. If you’re on the market for a home and are considering your options, you may want to contact one of our local real estate professionals for more information.