Do I Need a Closing Attorney to Buy a Home in Massachusetts?

In Massachusetts, residential closings are run by attorneys, not by title or escrow companies as in some other states. For buyers, that raises a question worth understanding before the day of the closing: whose attorney is that, and do you need your own?

The lender’s closing attorney is not your attorney

When you take out a mortgage, the lender requires a closing attorney to handle the loan. That attorney is chosen by, and works for, the lender. They prepare the loan documents, certify the title to the bank’s satisfaction, and make sure the lender’s interest is protected. Buyers often assume this attorney is looking out for them too. They are not. Their duty runs to the lender.

What your own attorney does

A real estate attorney representing you, the buyer, looks at the deal from your side:

• Reviews the purchase and sale agreement before you sign, while the terms can still be negotiated.
• Examines the title and survey for problems that could affect your ownership, such as easements, liens, or boundary issues.
• Explains the closing documents in plain language so you understand what you are signing and what it costs.
• Resolves last-minute problems, from a failed final walkthrough to a title defect discovered days before closing.

In many transactions, the same attorney can serve as both the lender’s closing attorney and the buyer’s counsel, which can save cost, but you should understand that arrangement and agree to it knowingly.

What about sellers?

Sellers benefit from counsel too. The seller’s attorney prepares the deed, handles the payoff of existing mortgages, addresses any title issues raised by the buyer’s side, and makes sure the proceeds are disbursed correctly. A clean, well-prepared seller side keeps the closing on schedule.

The bottom line

A home is the largest purchase most people ever make, and the closing is where every term becomes final. Having an attorney who represents your interests, not the bank’s, is a small cost against the size of the transaction. The best time to involve one is before you sign the purchase and sale agreement, not the week of the closing.