MA Operations Summary

Licensed Entity:

See Attached HUD Sample for Additional Information

Banking Information

Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>>
Checks stale dated after -- ___ days of issuance
Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B
Disbursements Requirements --

Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)

Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.

Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.

Escrow/Settlement

Who can prepare the HUD -- Attorney/Attorney supervised
Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised
Who orders hazard insurance -- Customary -
When is transaction consummated for new HUDS --
Record before/after disburse -- Record then disburse
Filed/restricted escrow rates -- No
Record retention requirements -- 7 years
Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney
Who can handle loan document signing -- Attorney
Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents
Use Escrow Instructions or not -- No
Use Estimated HUD or Final -- Final
Pass-thru charges -- Yes
Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.
Up Charging -- No
Junk Charges -- No
Special HUD Requirements -- Attorney/Attorney supervised
Special Disclosures --
CPL -- Yes

Joinder of non-titled spouse --

if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead;

if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property MGL c. 188;

If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed Supplemental Probate and Family Court Rule 411.

Survey Required --
- Purchase – yes
- Refinance – no

Audits

Required -- No

Recording Process

E-recording --

Recorded land: Accepted at all counties except Nantucket and Dukes; specialized software/online access is required

Registered/Torrens land: Norfolk County only

Record before disbursement -- Yes
Special recording procedure -- May be Torrens properties

Recording/Document Requirements

Marital Status Stated -- Not required on mortgage; required on deeds
Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate transfer tax on Nantucket and Dukes County paid by buyer
Mortgage Tax -- No
Address for grantor/grantee/property -- All parties addresses required
Witnesses -- Not required
Names typed/printed -- Yes
Prepared by/return to -- Preparer not required
Notary Stamp/requirements --
Parcel or tax index number -- Not required
Recitation of Consideration -- Yes; nominal consideration considered anything under $100
Derivation Clause -- Yes
Corporate Signatures/Attestation --
Ink Color/Font -- Black/10 pt minimum
Legal Description --
Margins -- 1st page – at least 3" from top
Other Special Recording: --

Document Types

Conveyance -- Warranty Deed or Quitclaim Deed

Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants

Security Instrument -- Mortgage Deed
Release -- Discharge or Release

Tenancies

Tenants in Common -- Yes
Joint Tenants -- Yes
Tenancy by Entireties -- Yes
Community Property -- No
Homestead -- Yes
Joinder of Non-titled Spouse --

if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead;

if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property MGL c. 188;

If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed Supplemental Probate and Family Court Rule 411.

Taxes

Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due

Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance

Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.

Commitment/Policy Special Requirements

Who can sign Commitment/Policy -- Attorney-agent
Other --

Payment Customs

The owner’s policy is paid for by the purchaser.
The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.
The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage).
Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description
Closing and settlement fees are paid for by the buyer.

Post Closing Requirements

Recon follow up required --