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Free Guide to Hiring a Real Estate Lawyer
Conveyancing is the legal process of transferring ownership of real property from one party to another. In Braintree, Massachusetts, conveyancing covers steps such as negotiating and reviewing the purchase and sale agreement, performing a title search, preparing and reviewing deeds and mortgage documents, clearing title defects and liens, coordinating municipal and lender requirements, and recording documents at the Norfolk County Registry of Deeds. Conveyancing in Braintree is governed by federal disclosure rules that affect real estate transactions, Massachusetts state law that governs deeds, recording and title, and local municipal requirements for inspections, assessments and permits.
Many real estate transactions are routine, but a lawyer helps protect your legal and financial interests when things are not simple or when errors can be costly. You may need a lawyer if you are:
- Buying or selling property and want help drafting or reviewing the purchase and sale agreement and negotiating contingencies.
- Refinancing a mortgage or taking out a second mortgage and need assistance with mortgage documents and title issues.
- Dealing with title problems - for example, unknown liens, judgments, easements, or defects in prior deeds.
- Transferring property after a death or through probate, or handling property ownership changes in a divorce or business transaction.
- Purchasing a property with unusual zoning, land use, or environmental issues, including septic systems or wetlands.
- Facing foreclosure, short sale, or tax lien issues that require negotiation or litigation.
- Seeking to ensure proper recording and protection of your ownership - for example, preparing a declaration of homestead or obtaining title insurance.
Conveyancing in Braintree involves several layers of law and local practice that are important to understand:
- State Law - Massachusetts law sets the rules for deeds, recording, title searches, and ownership concepts. The state also regulates disclosures for residential purchases in certain situations.
- Federal Requirements - Federal laws and regulations affect mortgage lending and disclosures. For residential properties built before 1978, federal lead-based paint disclosure rules apply. Federal mortgage disclosure laws affect closing procedures and costs.
- County Recording - Deeds and mortgage documents for Braintree properties are recorded at the Norfolk County Registry of Deeds. Proper recording protects your legal priority and public notice of ownership.
- Municipal Requirements - The Town of Braintree enforces local rules through the Assessor's Office, Building Department, Board of Health and Planning and Zoning. Typical municipal matters include property tax status, building permits, occupancy permits, septic or sewer connections, zoning compliance and inspections.
- Title and Survey Issues - Standard practice includes a title search and review of recorded easements, covenants and restrictions. A recent survey may be required by lenders or buyers to confirm boundaries or show encroachments.
- Homeowner Protections - Massachusetts law includes mechanisms such as the declaration of homestead that can protect a homeowner in limited situations. Buyers and sellers should also be aware of consumer protections in real estate transactions.
- Closing Practice - In Massachusetts, attorneys commonly handle real estate closings. Closing costs, prorations and escrow practices follow state and local custom and the requirements of the lender and title insurer.
A conveyancing lawyer reviews and prepares transaction documents, conducts or reviews title searches, addresses title defects or liens, advises on property-related legal issues such as zoning or environmental concerns, prepares deeds and closing statements, coordinates with lenders and municipal offices, and ensures that documents are correctly recorded. A lawyer can also represent you in disputes or litigation that arise from the transaction.
Massachusetts does not always require a lawyer to complete a conveyance, but in practice attorneys are commonly used for residential closings. Lenders typically require attorney review of mortgage documents, title companies and many buyers and sellers prefer legal representation to manage risks, clear title issues, and handle recording and closing logistics.
A title search is an examination of public records to confirm the seller has clear ownership and to identify recorded liens, mortgages, judgments, easements, restrictions or other issues that might affect the buyer's ownership. Clearing any title defects is critical to ensure your ownership is free and marketable.
Title insurance protects the buyer and lender from certain undiscovered defects in title that were not revealed by the title search or public records. Lender title insurance is typically required when you take a mortgage. Owner title insurance is optional but often recommended to protect your equity from future title claims.
Deeds, mortgages and other land records for Braintree properties are recorded at the Norfolk County Registry of Deeds. Recording creates public notice of your ownership and is an important step to protect your legal rights.
Common closing costs include attorney fees, title search and title insurance premiums, recording fees, municipal excise or transfer taxes if applicable, lender fees, prorated property taxes and utilities, inspection and certification fees and escrow charges. Who pays which costs is often negotiated in the purchase and sale agreement or determined by local custom.
A deed is the legal instrument that transfers ownership of real property. The most common deed in residential transactions is a warranty deed or grant deed that provides certain promises about title. A quitclaim deed conveys whatever interest the grantor has without promises and is typically used in intra-family transfers or to clear title issues. The appropriate deed depends on the transaction and the parties involved.
Before closing you should verify property tax status, outstanding municipal liens or betterments, building permits and compliance, zoning approval for intended use, sewer or septic status and any board of health requirements. Your lawyer or title examiner can order municipal lien certificates and other municipal searches.
Timing varies by complexity. A straightforward residential purchase can take several weeks from accepted offer to closing - commonly the time is determined by lender processing, inspections, and negotiation of contingencies. More complex matters - such as clearing title defects, probate transfers or contested issues - can take significantly longer.
If a title search reveals a lien, judgment or other defect, you should consult a conveyancing lawyer right away. Common solutions include negotiating payoff of outstanding liens from closing proceeds, obtaining releases or satisfactions from lien holders, curing recorded defects through corrective deeds, or obtaining title insurance and endorsements that address specific risks. The right approach depends on the nature of the defect.
Below are the types of local and state resources that are useful during a conveyancing matter in Braintree:
- Norfolk County Registry of Deeds - for recording documents and obtaining land record copies.
- Town of Braintree - Assessor's Office, Building Department, Board of Health, Planning and Zoning - for municipal records, permits, property tax status and zoning information.
- Massachusetts Land Court - for disputes about title, surveys and boundary questions in some cases.
- Massachusetts state agencies - for statewide rules and consumer protections relating to real estate transactions and mortgage lending.
- Federal requirements - be aware of federal disclosure rules such as lead-based paint disclosure for pre-1978 housing and federal mortgage disclosure laws that affect closing procedures.
- Massachusetts Bar Association or local lawyer referral services - for finding experienced real estate and conveyancing attorneys.
- Title insurance companies and licensed title examiners - for title searches and insurance products that protect against certain title defects.
If you need legal assistance with conveyancing in Braintree, consider these practical steps:
- Gather key documents - existing deed, title insurance policy if any, mortgage statements, surveys, property tax bills, permits and inspection reports.
- Get a mortgage pre-approval if you are buying - this clarifies financing terms and timing.
- Consult a local real estate lawyer - ask about experience with Norfolk County matters, fee structure, expected timeline and what services are included.
- Order a title search and consider owner title insurance - discuss with your lawyer whether owner title insurance is advisable in your situation.
- Complete required inspections and municipal checks - building inspections, septic or sewer certifications, and municipal lien searches help prevent surprises at closing.
- Review and negotiate the purchase and sale agreement carefully - include clear contingencies for financing, inspections and title clearance.
- Prepare for closing - confirm who will hold the closing (attorney or title company), what funds you must bring, and ensure proper identification and documentation are ready.
Remember - this guide provides general information and does not create an attorney-client relationship. For advice about your specific situation consult a licensed Massachusetts attorney experienced in real estate and conveyancing law.
