Massachusetts (MA) has experienced a robust 40.9% increase in home values over the past five years—an impressive figure highlighting the state’s enduring appeal.
MA boasts vibrant cities, charming towns, stunning coastlines, and picturesque mountains. It also offers a strong job market, top-ranked educational institutions, and a rich cultural scene.
If you’re buying property in Massachusetts, a title search is crucial. This process involves examining public records to confirm the seller’s right to transfer ownership and to uncover any claims, defects, or other encumbrances on the property.
Even if you’re familiar with title searches, it’s essential to understand how they specifically operate in MA. Each state has unique rules and practices that affect the buying process. Let’s dive into the details.
Where Do You Find Title Records in MA?
In Massachusetts, property title records are held by the county Registry of Deeds for the property’s specific location.
Each county has its own Registry of Deeds office, so you must identify the appropriate county based on the property address. A title search company (like us) can help you with this.
What Are the Different Tenancy Types in MA?
The state recognizes several forms of property ownership. Familiarity with these tenancy types is important because they can impact your purchase and title search.
For example, with joint tenancy, all owners must be alive and agree to sell. The title search verifies these details and ensures proper inheritance or sale occurred with tenants in common, preventing future complications.
Here’s what you need to know about tenancy types:
- Joint Tenants
Strong legal bond with right of survivorship (ownership automatically transfers to remaining owners if one dies) and equal shares (unless specified otherwise).
- Tenants in Common
Default tenancy offers independent ownership of a specific share (can be unequal) with no right of survivorship and the ability to sell your share independently.
- Tenants by the Entirety
Exclusive to married couples, similar to joint tenancy with right of survivorship and unity of possession (all co-owners have the equal right to occupy and use the entire property).
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When a deed doesn’t specify a type of tenancy among multiple owners, it defaults to Tenants in Common.
It’s also important to be aware of adverse possession, though it’s relatively rare.
Adverse possession allows someone to claim ownership of land they don’t legally own by openly, notoriously, and continuously occupying it for 20 years. This can affect your property purchase and title search.
For example, if someone has been using a vacant lot as their garden for two decades without the owner’s knowledge, they might have a claim to the land under adverse possession laws. A comprehensive title search should reveal such claims.
Understanding Liens
A lien can block your ability to get a clean title if the property has unpaid debts or legal judgments against it.
This will delay closing because you must resolve the lien before transferring ownership. It can also burden you financially, as you might need to settle the lien to secure the property.
Here are the types of liens and their statute of limitations in MA:
- Mortgage:
The lender commonly places this lien to secure their financial interest in the property until you pay off the mortgage. It expires five years after the maturity date (if ascertainable) or 35 years after recording.
- Estate Tax/Inheritance Tax:
Up to 10-year lien. Important Note: Even if no estate tax is due, a 10-year lien automatically applies unless you obtain a release certificate.
- Judgment Liens:
These liens arise from court judgments against the property owner for unpaid debts (e.g., unpaid contractor, credit card debt). There are both Federal and state judgments. Federal judgments have a lien timeframe of 20 years, while state judgments are six years from the recorded date with the Registry of Deeds.
- Mechanics Liens:
Contractors can file a lien if they aren’t paid for work done on the property. You must address these liens within 90 days of their recording.
- Writ of Attachments:
This temporary lien prevents the property owner from selling or transferring the property while the lawsuit is ongoing. The timeframe is six years and 90 days from the recorded date.
- Federal and State Tax Liens:
The government places these liens on property for unpaid federal or state taxes. The federal lien period is ten years and 30 days, and the State lien period is ten years.
- UCC Financing Statements:
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These liens secure a lender’s interest in personal property attached to the real estate (e.g., appliances financed for a restaurant operating on the property). This lien would expire after five years.
And then there are Medical liens, which can be tricky. These liens often take priority over all other liens and must be paid first.
A good title search will uncover these liens, and a real estate attorney can help you navigate their priority and potential impact on your closing costs.
Property Taxes and Municipal Liens
In Massachusetts, property taxes are set by municipalities and billed quarterly. Before closing on a property sale, you must obtain a Municipal Lien Certificate. This certificate confirms that all municipal taxes and assessments, including those for water and lighting, are paid up to date.
Role of Attorneys and Legal Standards
In Massachusetts, attorneys play a significant role in the real estate closing. They review title examinations, certify titles, and draft deeds accurately.
Here’s what their role involves:
- Certification of Title
After reviewing the title search documents, attorneys certify the title to the buying party, stating that it is free of issues as per Massachusetts law practice standards.
- Presence at Closing
An attorney must be present during the closing of the property sale to handle any legal issues that arise.
- Document Drafting
All deeds must be drafted by a licensed attorney in Massachusetts.
Let’s Talk
Conducting a title search in Massachusetts can seem daunting due to the complex legal frameworks and terminology involved. However, you don’t have to go it alone.
Our team of title search experts meticulously examines all aspects of the title, uncovering potential issues and ensuring a clear path to ownership.
Contact us today for a stress-free and confident real estate experience!
