Our Certification of Title
Our duties on behalf of the Lender require that we examine the title to the premises referenced above. In addition, under the provisions of Massachusetts General Laws, Chapter 93, Section 70 we will also certify title to the premises you are buying. This statute states in part:
“In connection with the granting of any loan or credit to be secured by a purchase money first mortgage on real estate improved with a dwelling designed to be occupied or to be occupied in whole or in part by the mortgagor, the mortgagor is required or agrees to pay or be responsible for any fee or expense charged or incurred by an attorney acting for or on behalf of the mortgagee in connection with the rendering of a certification of title to the mortgaged premises such certification shall be referenced to the mortgagor and to the mortgagee”
The statute further prescribes that:
“The certification shall include a statement that at the time of recording the said mortgage, the mortgagor holds good and sufficient record title to the mortgaged premises free from all encumbrances, and shall enumerate exceptions thereto. The certification shall further include a statement that the mortgagee holds a good and sufficient record first mortgage to the property, subject only to the matters excepted by said certification.”
Because the scope of our examination is confined to matters of record at the appropriate Registry of Deeds and Registry of Probate, our certification will specifically exclude the following matters:
Building and zoning laws for City or Town where the premises is situated and other governmental statutes and regulations which have not been examined;
All applicable health, environmental and hazardous waste rules, regulations, laws and
ordinances of the municipality, state and federal jurisdiction in which the premises is located;
Such taxes, assessments or municipal charges that may be due and payable and not shown
on the Certificate of Municipal Liens or on the record at the Registry of Deeds or from information provided by the municipality.
Persons in possession;
Any lien or claim, any other tax liability, or any matter of bankruptcy or insolvency that may not appear in the indices of Registry of Deeds in which the said premises are located;
Any set of facts or errors in description not apparent on the record that would be shown by any accurate on-site survey or which a physical inspection of the premises may disclose;
Matters not of record; forgeries; errors and omissions in the records and indices of the Registry of Deeds and relevant Registries of Probate; lack of sufficient capacity or competency of grantors;
Additionally we will note for exception and your attention significant easements, restrictions and other material matters of record.
This disclosure is made in advance of the closing to apprise you of the statutory language regarding certification of title and the scope of our examination of the title to the premises you are purchasing as well as the limitations of same. Please be aware that a policy of Owners Title Insurance would cover issues related to some of the exceptions noted above.
Our certification to you should not be construed as establishing an attorney/client relationship between you and our office. The services we render are only on behalf of the mortgage lender unless other arrangements are made with our office, and we cannot advise or counsel you relative to the transaction. If you wish to obtain legal advice regarding the quality of the title or with regard to some other aspect of the transaction, you should retain independent counsel.
9. SMOKE/CARBON MONOXIDE DETECTOR COMPLIANCE. We call your attention to the provisions of Massachusetts General Laws, Chapter 148, Section 26E and 26E1/2. You may be required to execute a certification at the closing that you have inspected the installation of the smoke detectors and carbon monoxide detectors and are satisfied as to compliance with this law. You should contact the sellers and insure that they have obtained, and will bring with them, a current certification from the city or town fire department relative to the installation of smoke detectors. The foregoing may not apply in certain commercial transactions. If you are unsure of the applicability of this law, please check with your counsel or contact our office.
10. WATER, SEWER AND ELECTRICITY. You should ask the sellers to obtain a final reading of the water meter so that all outstanding water and sewer bills may be taken care of at the closing. If you are purchasing a condominium unit, it is likely that water and sewer charges are included in the monthly condominium fee. In that case, a final water and sewer bill is not required. If electricity is provided by a municipal light plant, the sellers should obtain a final electric reading.