The Role of a Title Company in a Massachusetts Mortgage Closing
What does a title company actually do in a Massachusetts mortgage closing? Title search, title insurance, the attorney-state nuance, and how the notary fits in. A practical guide for buyers and sellers in MA. ================================================================
A title company in a Massachusetts mortgage closing searches the public record, issues the title insurance policies and holds and disburses the closing funds. It does not run the closing. Massachusetts is an attorney-closing state, so a licensed Massachusetts attorney presides over the closing, prepares the closing documents and records them at the Registry of Deeds. This title company mortgage closing Massachusetts guide explains what the title company does, what the attorney does, where the notary signing agent fits between them and what happens to your documents after you sign. It is written by Hanson Webb, a Massachusetts Notary Public since 2007 and NNA Certified Loan Signing Agent with 1,190+ completed signings.
We work as the notary signing agent alongside the closing attorney, title company or lender. We do not conduct closings, draft documents or give legal advice. If you are a borrower trying to understand who everyone at the table is, or an attorney or title agent who needs a dependable signing agent in Greater Boston, the Merrimack Valley or Central Massachusetts, call (978) 424-4629 or (978) 851-0199, or book online.
What does a title company do in a mortgage closing?
A title company confirms that the seller can deliver clear title, insures the lender and buyer against defects the search did not catch, and manages the money that changes hands. In most states the title company also runs the closing; in Massachusetts that part belongs to an attorney.
The title company answers one question for the lender: is this property good collateral? Its examiner pulls the recorded history of the property, lists every mortgage, lien, easement and restriction that touches it, and tells the attorney what must be cleared before money moves. After closing, the title company issues the policy that stands behind that work.
The four functions you will see on almost every Massachusetts file:
- Title search and examination. Reviewing the Registry of Deeds, Probate and Family Court and municipal tax records to establish the chain of ownership and every encumbrance on it.
- Title insurance. Issuing a lender’s policy, which the lender requires, and an owner’s policy, which the buyer may elect.
- Escrow and disbursement. Receiving the loan proceeds and the buyer’s funds, paying off the seller’s mortgage, paying recording fees and excise taxes, and sending the seller the balance.
- Recording coordination. Working with the closing attorney so that the deed, mortgage and any discharges are recorded in the right order at the right registry.
Many Massachusetts closing attorneys are also agents for a title insurance underwriter, so the “title company” and the “closing attorney” can be the same office. When they are separate, the attorney still directs the closing.
Why is Massachusetts an attorney-closing state?
Massachusetts treats the conduct of a real estate closing as the practice of law, so only a licensed Massachusetts attorney may conduct one. The rule comes from the Supreme Judicial Court’s 2011 decision in Real Estate Bar Association v. National Real Estate Information Services and from the notary statute itself, M.G.L. c.222 s.17, which bars a notary public who is not an attorney from conducting a real estate closing or acting as a closing agent.
Two more Massachusetts rules shape the closing. M.G.L. c.93 s.70 requires the attorney who certifies title for a residential purchase mortgage to examine fifty years of record and to deliver a title certification to the borrower. And M.G.L. c.222 s.17 sets standards of conduct for notaries, including the requirement that a notary who is not an attorney never give legal advice or explain the legal effect of a document.
What this means for you as a buyer, seller or refinancing borrower:
- The closing attorney, not the title company, presides over the closing, prepares the deed, mortgage, affidavits and settlement statement, and submits the executed documents for recording.
- The title company issues the policies and often performs the search, but it stays behind the scenes.
- The notary signing agent executes the documents the attorney prepares. We verify identity, witness signatures, complete the acknowledgment certificates, apply the seal and record the acts in our journal under M.G.L. c.222. That is the whole of our role.
If you have closed in a title or escrow state such as Florida or Arizona, expect the Massachusetts closing to involve more people. For a plain comparison of what a notary may and may not do, read Massachusetts notary vs. attorney.
Title company mortgage closing Massachusetts: who does what at the table?
A Massachusetts mortgage closing involves six parties with distinct jobs. The table below is the version we hand to borrowers who ask “who is everyone?” before a signing in Lowell, Cambridge or Boston.
| Party | What they do | What they do not do |
|---|---|---|
| Closing attorney | Presides over the closing, certifies title under M.G.L. c.93 s.70, prepares the deed, mortgage, affidavits and settlement statement, explains the documents, records at the Registry of Deeds, disburses funds in many files | Usually does not represent the buyer personally unless engaged to do so in writing |
| Title company or title insurer | Searches and examines title (directly or through examiners), issues the title commitment and the lender’s and owner’s policies, holds escrow and disburses when it is the settlement agent | Does not run the closing or give legal advice in Massachusetts |
| Lender | Underwrites and funds the loan, issues the Closing Disclosure at least three business days before consummation, sets the closing conditions | Does not record or insure title |
| Notary signing agent | Verifies identity, witnesses signatures, completes acknowledgments and jurats, applies the seal, keeps the journal, returns the package | Does not conduct the closing, explain legal effect, select documents or provide witnesses |
| Buyer or borrower | Signs the note, mortgage, riders, affidavits and disclosures; brings funds and identification | Does not record documents |
| Seller | Signs the deed, title affidavits, 6D request for a condominium, smoke and carbon monoxide certificate delivery, payoff authorization | Does not sign the buyer’s loan documents |
When the attorney’s office is in Boston and the borrower is in Andover, or cannot leave a rehabilitation unit at Lahey Burlington, the attorney sends the package to a signing agent. We meet the borrower, execute the documents and return them the same day.
How does the title search and abstract work?
A title search traces ownership of the property back at least fifty years through the Registry of Deeds, the Probate and Family Court and the assessor’s and collector’s records for the town. The examiner’s written summary is the abstract, and the closing attorney uses it to decide what must be cured before closing.
The examiner is looking for anything that could defeat or burden the buyer’s ownership or the lender’s lien:
- Every deed in the chain, to confirm each grantor actually owned what they conveyed and that names, marital status and legal descriptions line up.
- Every mortgage, and for each one a recorded discharge. An undischarged 1990s equity line is the single most common item on a Massachusetts abstract.
- Liens: municipal tax takings, Massachusetts Department of Revenue and IRS liens, judgment executions, mechanic’s liens under M.G.L. c.254, child support liens, MassHealth estate recovery claims.
- Easements, restrictions and covenants, including utility easements and subdivision restrictions that may have expired under Massachusetts law or may still bind the lot.
- Probate: if an owner died, whether the estate was probated, whether the license to sell or the deed from the personal representative was properly recorded, and whether all heirs are accounted for.
- Whether the land is recorded land or registered land. Registered land is handled by the Land Court registration district at the registry, carries a certificate of title and follows different procedures.
The abstract goes to the closing attorney, who prepares the title certification and the requirements for the title commitment.
What is title insurance, and do you need an owner’s policy?
Title insurance protects against losses from defects that already exist when the policy is issued, such as undiscovered liens, forged deeds, recording errors, missing heirs or boundary problems. You pay a single premium at closing and the coverage lasts as long as the insured holds an interest in the property. Massachusetts lenders require a lender’s policy; the owner’s policy is optional and most closing attorneys recommend it.
| Policy | Who it protects | Amount of coverage | Required? | How long it lasts |
|---|---|---|---|---|
| Lender’s policy | The mortgage lender and its assignees | The loan amount, declining as the loan is paid down | Required by virtually every lender | Until the loan is paid off or refinanced |
| Owner’s policy | The buyer and, in most forms, their heirs | The purchase price, often with inflation coverage | Optional | As long as the buyer or heirs own the property |
The lender’s policy does nothing for you as the owner. If a long-lost heir surfaces with a claim to the property, or a survey shows the garage sits on the neighbor’s lot, the lender’s policy pays the lender’s loss, not yours. The owner’s policy is a one-time premium paid at closing and is usually discounted when issued at the same time as the lender’s policy. Discuss it with the closing attorney before closing day; by the time you are at the table with a signing agent, the decision has already been made and we cannot advise on it.
What is a title commitment and when do you get it?
A title commitment is the insurer’s written promise to issue a policy once listed conditions are met. It is usually issued two to three weeks before closing and has three parts: Schedule A describes the property, the parties and the policy amounts; Schedule B-I lists the requirements that must be satisfied before closing; Schedule B-II lists the exceptions that the policy will not cover.
If Schedule B-I calls for a discharge of a 1987 home equity line, the seller’s attorney has time to chase the successor bank for it. If the property is a condominium, this is where the requirement for a notarized 6D certificate under M.G.L. c.183A s.6(d) appears, and where the association’s trustee or manager is asked to sign one before closing. We are frequently sent to the trustee’s home or the management office to notarize the 6D certificate in the days before the closing.
Read the Schedule B-II exceptions with the attorney; the specific ones name recorded restrictions or easements that will bind you after closing.
What title defects turn up in Massachusetts, and how are they cured?
Most title defects found in a Massachusetts search are curable before closing by the seller’s attorney. The ones that are not become either a reason the buyer can walk away under the purchase and sale agreement or a claim under the owner’s policy after closing.
- Unrecorded mortgage discharge. The loan was paid but the bank never recorded the discharge, or the bank has since merged. The attorney requests a discharge from the successor, or uses the affidavit procedure available under M.G.L. c.183 s.54 and related sections when the lender cannot be found.
- Missing heirs or an unprobated estate. A prior owner died and the property passed informally. The cure is a probate proceeding, a deed from the personal representative or affidavits from the heirs, depending on how long ago the death occurred.
- Judgment or tax liens. Paid from the seller’s proceeds at closing, with a release recorded before or with the deed.
- Legal description or name errors. A confirmatory deed or a scrivener’s affidavit fixes a transposed lot number or a misspelled grantor.
- Boundary and encroachment issues. A fence or driveway over the line. Cured by a boundary line agreement, a release deed or, if small, insured over with an exception.
- Condominium problems. A missing or stale 6D certificate, an unrecorded master deed amendment or an unrecorded trustee’s certificate under M.G.L. c.184 s.35.
Every one of these cures produces a document that must be signed and acknowledged before a notary to be recordable: a confirmatory deed signed by a seller who has moved to Worcester, a trustee’s certificate signed in Lexington, a release signed by a credit union officer in Woburn.
How does the notary signing agent fit into the closing chain?
Once the commitment is clear and the closing attorney has prepared the package, someone must sit with the borrower, confirm who they are and watch them sign. In Massachusetts that is the notary, and when the package is a full mortgage file the notary is usually an NNA Certified Loan Signing Agent retained by the attorney, title company or lender.
At the table we:
- Verify each signer with a current government-issued photo ID, and confirm the name on the ID matches the name on the documents.
- Present every page in the order the attorney sent it, pointing to each signature, initial and date line without explaining legal effect.
- Take acknowledgments on the mortgage, riders and any deed, and administer the oath on affidavits that require a jurat, as described in acknowledgment vs. jurat in Massachusetts.
- Complete each notarial certificate in full: venue, date, signer’s name, how identity was established, our signature as commissioned, printed name, commission expiration and seal.
- Record each notarial act in the journal required by M.G.L. c.222.
- Scan the executed package to the attorney and ship the originals the same day by FedEx or UPS, or hand them back when the closing is at the attorney’s office.
What we do not do: preside over the closing, draft or complete documents, choose which documents to sign, explain terms, handle funds or provide witnesses. If a document in the package requires witnesses, the signer arranges them; we do not supply, bring, coordinate or serve as witnesses. If a borrower cannot attend and a power of attorney is being used, the attorney and title insurer must approve the POA in advance; we can notarize the agent’s signature and, when it is a new Massachusetts POA, notarize the power of attorney itself.
For the step-by-step version of what happens to the mortgage from kitchen table to registry, see how to notarize a mortgage in Massachusetts.
Where are the documents recorded after closing?
The closing attorney records the deed, mortgage and any discharges at the Registry of Deeds district for the town where the property sits. Massachusetts has 21 registry districts, and several counties are split into more than one, so the attorney must send the documents to the correct district or they will be returned.
| Registry district | Location | Towns we see most often |
|---|---|---|
| Middlesex North | Lowell | Lowell, Tewksbury, Billerica, Chelmsford, Dracut, Wilmington, Tyngsborough, Westford, Dunstable, Carlisle |
| Middlesex South | Cambridge | Cambridge, Newton, Waltham, Lexington, Concord, Burlington, Woburn, Somerville, Arlington, Weston |
| Suffolk | Boston | Boston, Chelsea, Revere, Winthrop |
| Essex North | Lawrence | Lawrence, Andover, North Andover, Methuen |
| Essex South | Salem | Salem, Lynn, Peabody, Beverly, Gloucester, Marblehead |
| Worcester | Worcester | Worcester, Shrewsbury, Auburn, Westborough, Grafton |
| Worcester North | Fitchburg | Fitchburg, Leominster, Gardner, Ashby, Lunenburg, Westminster |
| Norfolk | Dedham | Dedham, Brookline, Quincy, Wellesley, Needham, Milton |
Athol records at the Worcester district and Haverhill at Essex South, so the attorney confirms the district before closing rather than assuming it from the county.
Most registries accept electronic recording through approved submitters, which means the attorney uploads an image of the signed and sealed original. The underlying signature and notarization still happen in ink on paper. Registries check that the acknowledgment is complete, that the notary’s commission was active on the date of the act and that the seal is legible. A document that fails goes back to the attorney, and the lender’s lien is not perfected until it is re-executed and accepted.
What is the full Massachusetts closing workflow, start to finish?
A purchase closing in Massachusetts runs on a 30 to 60 day clock from the signed purchase and sale agreement, and a refinance on a 20 to 45 day clock from application. Here is the sequence and roughly when each step happens.
- Offer and purchase and sale agreement (day 0). Buyer and seller sign the P&S, usually with their own attorneys. The buyer applies for the mortgage.
- Lender engages the closing attorney (week 1). The lender’s chosen attorney orders the title search, the municipal lien certificate and, for a condominium, the 6D certificate and the master insurance certificate.
- Title examination and abstract (weeks 1 to 3). The examiner runs the fifty-year search at the registry and the probate court. The abstract goes to the closing attorney.
- Title commitment issued (weeks 2 to 4). Requirements and exceptions go to both attorneys. Curative work begins on the seller’s side.
- Loan approval and closing conditions (weeks 3 to 5). Appraisal, homeowner’s insurance binder, flood determination, payoff statements from the seller’s lender.
- Closing Disclosure delivered (at least three business days before closing). The federal TRID rule sets this waiting period. A change to the APR or loan product restarts it.
- Closing package prepared (one to two days before closing). The attorney assembles the note, mortgage, riders, affidavits, deed, settlement statement and lender disclosures. The package goes to the signing agent if the borrower is signing away from the attorney’s office.
- Signing (closing day). The borrower meets the attorney or the signing agent. Identity is verified, documents are signed and notarized, the journal is completed, the package is scanned back.
- Funding and disbursement. For a purchase, funds are disbursed and the deed and mortgage are recorded the same day. For a refinance of a primary residence, the three-business-day right of rescission runs first and the mortgage is recorded after it expires.
- Recording. The attorney records at the correct Registry of Deeds district; the registry stamps the book and page or document number.
- Policy issuance (weeks after closing). The title insurer issues the final lender’s and owner’s policies with the recording information on Schedule A.
The signing is one moment in this chain, and the one moment the borrower controls. A pre-signed page, an ID that expired last month, a missing co-borrower, a rider for the wrong property type or an incomplete notarial certificate sends the attorney back to step 7. Our page on what ID is accepted for notarization in Massachusetts covers the most common of these.
Who pays for title work and closing costs in Massachusetts?
In a typical Massachusetts purchase the buyer pays the lender’s title policy, the optional owner’s policy, the closing attorney’s fee, the recording fees for the mortgage and the lender’s share of document charges. The seller pays the deed preparation, the deeds excise tax stamps and the recording fee for any discharge of the seller’s own mortgage. Every charge appears on the Closing Disclosure and the settlement statement before closing.
| Charge | Usually paid by | Notes |
|---|---|---|
| Lender’s title insurance | Buyer | Lender requirement; one-time premium |
| Owner’s title insurance | Buyer | Optional; discounted when issued with the lender’s policy |
| Closing attorney fee | Buyer | Attorney represents the lender unless engaged separately |
| Recording of the mortgage and declaration of homestead | Buyer | Fees set by the Commonwealth and collected by the registry |
| Deed preparation and deeds excise tax | Seller | Excise is calculated on the sale price |
| 6D certificate (condominium) | Seller, through the association | Association may charge a fee for preparing it |
| Notary signing agent fee | Attorney, title company or lender, passed through on the settlement statement | Quoted per package at booking; see below |
How do you book a signing agent for a Massachusetts closing, and what does it cost?
Closing attorneys, title companies, lenders and signing services book by phone at (978) 424-4629 or (978) 851-0199, by email with the package attached, or through the online booking page. Borrowers may book directly when their attorney has agreed to a mobile signing. Loan signing packages and attorney engagements are quoted per package at booking, based on the number of documents, the number of signers and the location.
Single-document real estate notarizations follow our standard fees. In the Tewksbury office at 1215 Main St, Suite 115, the fee is $45 per notarial act. Mobile visits follow the zone fees, which include travel, one notary seal and 15 minutes of service: from $125 in Zone 1 (Tewksbury, Gardner, Ashby, Athol), from $179 in Zone 2 (Lowell, Billerica, Andover, Chelmsford, Dracut, Lawrence, Worcester, Fitchburg, Leominster, Concord, Burlington, Woburn and more than 40 other towns) and from $250 in Zone 3 (Boston, Cambridge, Newton, Lexington, Wellesley, Weston, Lynn, Gloucester, North Andover and more than 110 others). Hospital and nursing home visits are included in Zone 3 pricing. Check your town on the notary zones page.
Hanson Webb is a Massachusetts Notary Public commissioned since 2007, an NNA Certified Loan Signing Agent, background screened, bonded and E&O insured, and rated A+ by the BBB. He works in English, Arabic and French, which matters for international buyers and for borrowers who are more comfortable reading in those languages, though every notarial certificate is completed in English as Massachusetts requires. Hire Mobile Notary is a service of Neighborhood Parcel and serves 177 Massachusetts cities and towns across Greater Boston, the Merrimack Valley, Central Massachusetts and the North Shore, seven days a week with same-day and after-hours appointments by confirmation.
We are not a law firm. Nothing on this page is legal, financial or tax advice, and a notary cannot interpret or explain a closing document, title commitment or policy. For those questions, ask the closing attorney.
Frequently asked questions
What does a title company do in a Massachusetts mortgage closing?
In a title company mortgage closing Massachusetts transaction, the title company searches the public record to confirm the seller holds clear title, issues the lender’s and owner’s title insurance policies and, when it acts as settlement agent, holds and disburses the closing funds. Because Massachusetts is an attorney-closing state, a licensed attorney presides over the closing and records the documents; the title company works behind the attorney rather than running the table.
Does Massachusetts require an attorney to close a mortgage?
Yes. The Supreme Judicial Court held in 2011 that conducting a real estate closing is the practice of law, and M.G.L. c.222 s.17 bars a non-attorney notary from conducting a closing or acting as closing agent. The notary signing agent supports the attorney by verifying identity, witnessing signatures and completing the notarial certificates so the documents can be recorded.
Is the closing attorney my lawyer?
Usually not. In most Massachusetts purchases the closing attorney is engaged by the lender and represents the lender’s interest in the loan. The attorney may also represent the buyer with written disclosure and consent, and many buyers hire their own attorney to review the purchase and sale agreement and attend the closing. Ask the closing attorney before closing day whom they represent.
Do I need an owner's title insurance policy if the lender already has one?
The lender’s policy protects only the lender’s loan balance. An owner’s policy protects your equity for as long as you or your heirs own the property and pays the legal costs of defending your title. It is optional in Massachusetts and most closing attorneys recommend it. The decision is made with the attorney before closing, not at the signing table.
How long does a Massachusetts title search go back?
At least fifty years. M.G.L. c.93 s.70 requires the attorney certifying title for a residential purchase mortgage to examine fifty years of record at the Registry of Deeds, together with probate and municipal records. The examiner’s written summary is the title abstract.
What happens if a title defect is found before closing?
Most defects are cured by the seller’s attorney before closing: a missing discharge is obtained, a lien is paid from proceeds, a confirmatory deed or affidavit is recorded. If a defect cannot be cured, the buyer may have the right to walk away under the purchase and sale agreement, or the insurer may agree to insure over it with an exception. Curative documents must be signed and acknowledged before a notary to be recordable.
Where is my mortgage recorded?
At the Registry of Deeds district for the town where the property is located. Massachusetts has 21 districts and several counties are split: Lowell, Tewksbury and Billerica record at Middlesex North; Cambridge, Newton and Lexington at Middlesex South; Boston at Suffolk; Andover and Lawrence at Essex North; Lynn and Gloucester at Essex South; Worcester at Worcester; Fitchburg, Leominster and Gardner at Worcester North.
Can the notary explain my mortgage documents to me?
No. Under M.G.L. c.222 s.17 a notary who is not an attorney may not give legal advice or explain the legal effect of a document. We can tell you what a document is called and where to sign; questions about terms, rates or your obligations go to the closing attorney or lender, and we will pause the signing while you call them.
Do you provide witnesses for a deed or mortgage?
No. Massachusetts law does not generally require witnesses on a deed or mortgage, but when a lender, trust or out-of-state document asks for them, the signer arranges their own witnesses. We do not supply, bring, coordinate or serve as witnesses; we notarize.
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