Title Exam

Section: Title Examination and Title Insurance Estimated study time: 45 minutes Content: In Massachusetts, residential real estate closings are almost exclusively conducted by attorneys — unlike many states where title companies handle closings. The buyer's attorney (and often the lender's closing attorney) conducts a title examination (title search) by searching the public records at the county Registry of Deeds and, for registered land, the Land Court. The title examination traces the chain of title — the history of ownership — back a minimum of 50 years (by Massachusetts Conveyancing Standards), though some lenders and title insurers require a longer search. The search confirms the seller's legal authority to sell, identifies any liens or encumbrances that must be cleared, and verifies that no prior deeds, mortgages, or other instruments affect the buyer's title. The title search process examines several record sources: the grantor-grantee index at the Registry of Deeds (allowing search by name of party through the chain of title), recorded plans and subdivision plats, the Registry's online records (Massachusetts provides access through masslandrecords.com), recorded easements and deed restrictions, judgment liens in the court records, federal tax liens (filed at the Registry in Massachusetts), estate tax liens, and mechanic's liens. The attorney prepares an abstract of title summarizing all instruments found in the search and a title opinion letter identifying any title issues (clouds on title) that must be resolved before closing. Common title defects include: outstanding mortgage not discharged, unpaid taxes, unresolved probate issues, missing heirs, fraudulent deeds in the chain, and boundary disputes. Title insurance provides protection against defects that a title search might miss — forged signatures in the chain of title, fraud by prior owners, errors…