Legal Question in Real Estate Law in Massachusetts

I have a P&S on a foreclosed property, the property is a REO. The seller wants to purchase the Title Insurance Policy. Does this raise questions ?

I informed my lawyer that if he completed a title search and was o.k. with the seller purchasing the Title Insurance Policy, then I was O.K. with it. His reply was that he would complete a title Review for the property as well as conduct the closing on my behalf. Should I be concerned if my attorney is simply conducting a title review rather than ordering a title search to be conducted on my behalf ?


Asked on 2/05/10, 5:09 am

1 Answer from Attorneys

In certain counties in MA it is usual for the seller's attorney to issue the title policy. It is usual for only one attorney to request a search and the other to review it. The title policy should cover you and you can ask your attorney to certify title if you are concerned. If you are taking a Mortgage on the property the lenders attorney has an obligation to certify title to the Lender unless they waive it.

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Answered on 2/10/10, 7:54 am


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