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Buyer/Seller

Information for Buyers:

Representing the Interests of the Buyer in Real Estate Transactions
What You Should Know About Your Closing (Buyers/Borrowers)
Our Firm's Privacy Policy Notice
Ways to Hold Title in Massachusetts
Our Certification of Title to Buyers of Real Estate
Closing Attorneys and the Closing Process - What You Should Know
Title Insurance and its Importance in your Transaction
Submit Your Buyer Information

Information for Sellers:

Matters that require your assistance
Representing the Interests of the Seller in Real Estate Transactions
Submit Your Seller Information

REPRESENTING THE INTERESTS OF THE BUYER IN REAL ESTATE TRANSACTIONS

If this is your first home purchase, or perhaps you haven't purchased a new home in a while, the process may seem confusing. We hope that our office can make the entire purchase process easy and enjoyable for you. There are a few things to remember.

First, understand that the lender's closing attorney, and this includes our office if we are representing your new lender, represents the interests of the lender. Therefore, it is not the responsibility of lender's counsel to advise you on your rights and obligations regarding your new home purchase. Because of this we highly recommend that you retain your own attorney to represent your interests in this process. Our office can represent you, even if we are handling the closing for your new lender, for a reasonable fee and give you the comfort you need to proceed confidently toward the purchase of your new home. Some of the services we provide when representing buyers are:

Negotiation and preparation of the offer to purchase and purchase and sale agreement to protect your interests and concerns.
Resolve issues which may arise during the pendency of your purchase and assist you if you are selling real estate to purchase your new home.
Explain the mortgage process and assist you in understanding just what the lender’s commitment letter says.
Assist in the coordination of the closing and represent you at the closing, review all closing documents and explain their meaning and significance to you.
Answer questions you might have and resolve disputes that may arise at any time during the closing process.

Please call our office to discuss how we can represent you and what are fees are for this service. We look forward to hearing from you.

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WHAT YOU SHOULD KNOW ABOUT YOUR CLOSING (BUYERS/BORROWERS)

            1.         INSURANCE.  (a)  At the time of closing, please bring with you a homeowner fire and extended coverage insurance policy or binder for such insurance either in an amount at least equal to the total of all new mortgages on the property or 100% of the replacement cost of all insurable buildings and other improvements on the land. IF YOU ARE GOING TO RELY ON THE 100% REPLACEMENT COST AMOUNT AS SUFFICIENT INSURANCE, THEN THE POLICY OR BINDER MUST STATE THAT 100% REPLACEMENT COST IS IN EFFECT.  The insurance policy or binder must name all of the persons who will hold title to the property. The mortgage clause adding the mortgagee’s insurable interest to all policies MUST BE WORDED in accordance with the instructions listed in your commitment letter issued by your lender.

Your insurance agent MUST fax or deliver to our office a copy of a binder for such insurance along with a receipt showing that the first year’s premium is paid in full, at least three (3) business days prior to closing. Please have them fax it to us at (508) 829-7326.
           
            2.         FLOOD INSURANCE.  If the premises is located within a specially designated federal flood hazard area then flood insurance is a mandatory requirement and you must provide a flood insurance policy together with a paid receipt for the full first year's premium at or before the closing. Please note that if the premises is located within Zone B, flood insurance is not required.
            3.         RENT LOSS INSURANCE.  If this transaction involves a loan on investment premises or a 2-4 family dwelling then rent loss insurance may be required and an appropriate binder to that effect will be required at or prior to closing.  You should check with the Bank for applicability of rent loss insurance to your loan.
            4.         TITLE INSURANCE.  The lender requires that they be provided with a lender’s title insurance policy (loan policy) to protect their interest in your property up to the amount of the mortgage.  While the premium for the loan policy is included in your closing costs, it does not protect you.  Your ownership interests are insured only by an owner’s title insurance policy (owner's policy).  While the lender’s coverage under the loan policy decreases as the mortgage is paid down and terminates when the final payment is made, your owner’s policy remains in effect for as long as you and your heirs own the property.  The owner’s policy is available for a one-time premium and at a discounted rate if purchased simultaneously with the loan policy at the time of closing.

The owner’s policy provides coverage for numerous matters which are not covered by the standard attorney’s certification of record title and which are not discoverable by searching the land records.  Typical examples of such matters include forged documents, the incapacity of a grantor, undisclosed or missing heirs, missing signatures, mistakes in recording, unknown creditors and problems involving access to the land.  The best owner’s policy now available is known as the Eagle policy, which provides additional protection for problems such as zoning and building permit violations, restrictive covenant violations, encroachments and defects in title.

Because we believe that obtaining an Eagle Owners Title Insurance Policy is in your best interest we will plan to issue same and include the additional premium cost in the settlement figure you will bring to closing unless you advise us to the contrary.
            5.         CONDOMINIUM INSURANCE.  If the mortgage involves a condominium unit, we will require a Certificate of Insurance from the insurance carrier for the condominium naming you and the Association and identifying the unit you are purchasing.  The language naming the Bank must be in the form set forth in Paragraph 1 above.  Please note that you may be required to purchase additional insurance if the insurance company does not provide 100% replacement cost coverage.
            6.         OTHER CONDOMINIUM REQUIREMENTS.  A "6 (d)" certificate stating that there are no unpaid common charges to the condominium association as of the date of closing must be issued and sent to us prior to closing.  This certificate is obtained from the trustees or managers of the condominium and must be in the form prescribed by law. The seller procures such a document before the closing.
         7.            MANNER IN WHICH TITLE WILL BE HELD.  You will find enclosed an explanation of some options on how to hold title to real estate. Please advise our office as to how you would like to take title to the property. This information should be provided to us as quickly as possible since many documents which we prepare require this knowledge. 
        8.             OUR CERTIFICATION OF TITLE.  The following matters apply only if the transaction involves a purchase of real estate with a dwelling designed to be occupied by not more than four families and occupied in whole or in part by one or more of you. We are required to certify to you that the title to the premises meets the standard by Massachusetts General Laws, Chapter 93, Section 70.  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 DETECTOR AND CARBON MONOXIDE DETECTOR COMPLIANCE.  We call your attention to the provisions of Massachusetts General Laws, Chapter 148, Section 26F, F 1/2 and 527 CMR 31.00, et. seq.  You may be required to execute a certification at the closing that you have inspected the installation of the smoke 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 and carbon monoxide 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.  The sellers will 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 will obtain a final electric reading.
            11.        HOMESTEAD DECLARATION.  Our office can prepare a Homestead Declaration for you for this transaction if the home you are purchasing will be your primary residence. Under Massachusetts Law an owner of a home who intends to occupy it as their principal residence can protect a portion of the equity in their home by merely filing a Declaration of Homestead in the Registry of Deeds where the property is located. The cost for this service is $100.00 which includes the cost to prepare the Declaration and the recording fee. Please let us know if you want us to prepare and record this Declaration.

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OUR FIRM’S PRIVACY POLICY NOTICE

This notice is provided to you pursuant to the Privacy of Consumer Financial Information Act and the Federal Trade Commission's implementing regulation thereunder, 16 CFR Part 313.

1.        We collect nonpublic personal information about you from applications or other forms received directly from you or from your lender, their affiliates or agents;
           
2.         We do not disclose any nonpublic personal information about our clients, borrowers, or sellers to anyone, except as is necessary in the mortgage loan transaction as may be necessary to effectuate the transaction with the lender that you have requested; to prevent fraud or unauthorized transactions; as otherwise required or permitted by law.

3.         We restrict access to nonpublic personal information about you to those clients, lenders, third parties and employees who need to know that information to provide the requested settlement services to you.  We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

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WAYS TO HOLD TITLE IN MASSACHUSETTS

THE FOLLOWING INFORMATION IS INTENDED ONLY TO GIVE A BRIEF DESCRIPTION OF THE THREE COMMON WAYS OF HOLDING TITLE AND IS NOT PROVIDED FOR THE PURPOSE OF ADVISING YOU HOW TO TAKE TITLE. IF FURTHER INFORMATION IS DESIRED ABOUT CREDITORS RIGHTS AGAINST THE TITLE, ADVANTAGES AND DISADVANTAGES WITH RESPECT TO ESTATE PLANNING AND OTHER PRACTICALITIES, YOU SHOULD SEEK LEGAL COUNSEL FROM YOUR ATTORNEY OR RETAIN AN ATTORNEY FOR ADVICE IN THESE MATTERS.

           The three most common ways two or more persons may hold title to real estate are:
TENANTS IN COMMON,  JOINT TENANTS or as TENANTS BY THE ENTIRETY ( tenants by the entirety is only available for married couples)

What Happens Upon Death
            1.         When title is held as Tenants in Common upon the death of an owner, it is necessary to probate the estate of the deceased before the real estate may be sold or mortgaged.  There is no right of survivorship and so the deceased persons interest in the property passes to his or her heirs and not to the other owner(s).
            2.         When the title is held as Joint Tenants or as Tenants by the Entirety upon the death of an owner, the title automatically passes to the surviving owner(s) without the necessity to probate the estate of the deceased.
            3.         In any case of death of an owner of real estate, whether Tenants in Common, Joint Tenants or Tenants by the Entirety, it may be necessary to procure a release of the estate tax or taxes which may, by statute, become a lien on the property.

Who has Control and Management?
            1.         When title is held as Tenants in Common or Joint Tenants, the rents, control, management and possession of the property is in the owners equally, in the absence of an agreement to the contrary, but the individuals can divest themselves of their individual share in the property without the joining in with the others.
            2.         Under the provisions of M.G.L. c.209, section 1, when title is held as Tenants by the Entirety, (which is limited to husband and wife) rents, control, management and possession of property are in the owners equally.  Chapter 209 further provides:
            “...The interest of a debtor spouse in property held as tenants by the entirety shall not be subject to seizure or execution by a creditor of such debtor spouse so long as such property is the principal residence of the non-debtor spouse; provided, however, both spouses shall be liable jointly or severally for debts incurred on account of necessaries furnished to either spouse or to a member of their family.”

Neither the husband nor the wife can divest themselves of their interest in the property to any one except to each other, so long as the marriage lasts, without the signature of both.”

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OUR CERTIFICATION OF TITLE TO BUYERS OF REAL ESTATE

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:
1.   Building and zoning laws for ( Property City or Town ) and other governmental statutes and regulations which have not been examined;
2.  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;
3.  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.
4.  Persons in possession;
5. 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;
6. 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;
7. 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. Please call us if you have any questions.

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CLOSING ATTORNEYS AND THE CLOSING PROCESS - WHAT YOU SHOULD KNOW

Your application to your Lender for a home mortgage loan leads you inevitably to the closing attorney’s office. You undoubtedly have questions as to what  the role of the closing attorney is, what tasks the closing attorney will perform and what will take place at the closing. First, understand that the closing attorney represents the interests of the lender. If your loan is a standard secondary market type loan the loan transaction and loan documentation are uniform throughout the state.

At Bennett & Forts, P.C., it has always been our practice to be as helpful as we can to assist borrowers in the mortgage loan transaction. Sometimes issues arise regarding the record title to a property.  If there are title issues, problems in a sale transaction, or issues involving inaccuracies, we endeavor to keep the borrower informed of all relevant issues. When possible, we seek to resolve title issues and disputes, many times without any additional fees. This usually insures that the loan and, if applicable, the purchase of the property being mortgaged, proceeds forward to close with the borrowers being satisfied with the result.

The closing fees quoted to you by your Lender include a variety of items. Those which involve our office include the following and are standard transactional items for representing the lender in residential loan transactions:

Legal Fee - Includes ordering and obtaining a title examination from title examiners at the various Registry of Deeds, title review, obtaining municipal lien information & survey information, loan document preparation, title certification ( if a purchase transaction ), communications with borrowers, sellers, broker, etc., conducting the closing, final rundown of title, recording of documents, payoff of  liens and sundry other matters relating to the loan closing.                    

Title Examination - Includes the physical review of the title to your property in the Registries of Deeds and Probate, including bankruptcy and tax matters where available.

Mortgage Survey Plan - Sometimes referred to as a plot plan, this is a tape measure survey of the land to be mortgaged in order to determine that it was not in violation of zoning when constructed and that no buildings or improvements encroach upon the property or over its lot lines. We may not have been instructed by your lender to order such a plan for this transaction. However, we do recommend that one be obtained in a purchase transaction and in such instances we will obtain one in any event for your protection. In a Condominium transaction we will generally not obtain such a plan.

Municipal Lien Certificate - Obtained from the city or town where the property lies, this document shows all outstanding tax and utility liens.

Title Insurance - The lender requires a loan policy of title insurance for the loan amount in order to protect their interests from issues relating to the title to the property that could not be determined from an examination of the record of the title. In a purchase transaction an owners policy can be purchased at the same time at substantial savings over the rate if not issued simultaneously with the loan policy. Owners title insurance is highly recommended by our office. We can supply you with information regarding this insurance and the cost.

Recording Costs/Courier & Certified Copy Fees - These include the cost to courier the mortgage payoff and loan documentation for safe and timely delivery, to record the mortgage and other transactional documents and obtaining Registry certified copies that may be required in certain transactions.

This is a list of some of the items that you may be asked to pay for in a normal residential loan transaction. In some instances your Lender may pay some or all of these costs if your loan program so prescribes. This explanation should serve as a brief overview of the items described above. For a further explanation please contact our office. We look forward to seeing you at your closing.

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TITLE INSURANCE AND ITS IMPORTANCE IN YOUR TRANSACTION

Real estate title insurance very simply is an insured statement of the conditions of one's title or ownership rights to a certain piece of real estate. The policy guarantees that the property being purchased or mortgaged is free from undisclosed liens or rights and it guarantees additionally that any confusion as to rights of ownership will be resolved in favor of the party owning the real estate or the title insurance company will be liable for loss in value to the policyholder up to the policy limits.

A buyer purchasing real estate is offered the opportunity to purchase an owner's policy of title insurance by the settlement agent, attorney, escrow company or title agent conducting the real estate closing. For example, you decide to purchase a house in Boston and are obtaining a mortgage to help you finance the purchase from a bank or mortgage company. That institution will require an examination of the title to the property and have the party reviewing the title issue to them a lender's policy of title insurance insuring that the property is or will be owned by the purchaser and that there are no defects, liens or encumbrances on the property which would adversely affect the marketability of its mortgage.

Since the settlement agent, attorney, escrow agent or title agent is already issuing a lender's policy of title insurance the buyer has the opportunity at that time to obtain an owner's policy of title insurance at a cost substantially less than the buyer would pay if the policy was not written simultaneously with the lender's policy.

The owner's policy of title insurance insures that the owner has good marketable title to the property free of any encumbrances or liens that would adversely affect the property, except those made known to the buyer, and insures to the owner that if any such liens, encumbrances, defects or other title problems become known the title insurer will defend the buyer's title to the property.

In many instances we are asked whether or not title insurance is necessary or advisable for the owner to purchase. We recommend the purchase of the title insurance for some very simple reasons. First, the premium for purchase of the title insurance policy is a one time charge. Since the purchaser is usually borrowing money to finance the purchase, the majority of the cost of the title insurance policy that the owner would receive has been paid through the premiums for the lender's policy which is required by the loan. Usually for a few hundred dollars or less the owner can insure against a variety of problems which could occur in the future. These items include forged documents in the chain of title, signatures of mentally incompetent persons or minors which are unknown to the party reviewing the title, mistakes or inaccuracies in recording of legal documents of title at the appropriate place or recording or registration of title, fraud in the execution or in the handling of the recording or indexing of recorded documents, undisclosed or missing heirs, fraud in the execution or in the handling of a transaction in the prior chain of title, invalid divorces or misrepresentation of marital status of the parties signing the documents, and most importantly clerical errors in the public records and claims of parties unknown because their claims have not been filed in any indices of public record. The enhanced policies such as First American’s Eagle Policy go well beyond these simple coverage and provide coverage for a host of issues that can affect property both prior to and after you purchase it.

Even though the buyer may be asked to pay for the lender's title insurance protection, the lender's policy of title insurance does not protect the buyer and a claim can only be made if the lender suffers a financial loss because of a title defect that adversely affects a foreclosure of the buyer's mortgage. There have been many of defects in titles which could not be revealed by an examination of the public records. These defects usually arise at a time after the transaction has taken place and purchasers can suffer significant losses as a result of them. That is why owner's title insurance makes a great deal of sense.

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Information for Sellers:

If our office has been asked to act as settlement agent in the closing of the real estate you are selling, there are some matters that we will require your assistance with in order to expedite the transaction and prevent delays or extra costs to you. They are listed below. Please note that you must bring a valid state issued Driver’s License, state issued photo ID card or passport with you to your closing for proper identification purposes and compliance with Federal Law. The closing cannot take place if you do not have this identification with you. In order to insure a smooth closing, we would like to make you aware of the following information.

1.         MORTGAGES:  If your property is presently mortgaged, the mortgage(s) will be paid off at the time of closing using proceeds from the sale, if any. Please notify us with your current mortgage information so that we may contact your current lender(s) and make the necessary arrangements for the timely payoff of your loan(s).  A convenient link to email this information immediately follows this section.  This is very important and requires your immediate attention.  After your mortgages have been paid in full, the banks will send us discharges which we will record at the Registry of Deeds. In the event there is a non-institutional mortgage (i.e. one given to a private individual, trust or corporation as opposed to a bank or mortgage company), we will require that the payoff amount be furnished to us before the closing and a discharge be delivered at or before the closing.  UNFORTUNATELY, THERE CAN BE NO EXCEPTION IN THIS REGARD.  If you are uncertain about whether an outstanding loan is held by a private lender, please contact our office or have your attorney do so.  The obligation to furnish a discharge at closing applies also to outstanding attachments or other liens, if any.
2.         DEED:  The preparation of a new deed to convey the premises to the buyer is your responsibility.  You should have your attorney send us a copy of the proposed deed as soon as possible and before the closing date.  While we cannot represent the Lender and you we are sometimes asked to prepare a deed as part of our mortgage services.  If you ask us to prepare your deed, there will be a charge to you of $125.00.
3.         SMOKE AND CARBON MONOXIDE DETECTOR CERTIFICATE:  We call to your attention the provisions of Massachusetts General Laws, Chapter 148, Section 26F, 26F 1/2 and 527 CMR 31, et. seq.  You should contact your local fire department, arrange for an inspection, obtain a certificate of compliance and bring the original with you at the time set for closing and fax a copy to us prior to closing.
4.         ELECTRICITY, WATER, SEWER, FUEL:  If your electricity is provided by a municipal light plant, you must bring with you a final electric reading.  Similarly, your fuel oil readings (if your property is not a condominium).
5.         EXPENSES: You will also be required to pay for Massachusetts Excise stamps, recording fees to discharge mortgages and other liens and, where appropriate, to pay these items from the proceeds of the sale.
6.         POWER OF ATTORNEY:  If there is a power of attorney involved, please send our office a copy of the power of attorney document prior to the closing. The use of the power of attorney will have to be approved by our office and then the form and content thereof must be reviewed by our office. In any event, the deed transferring title from you to the Buyer must be signed by you in the original and notarized.
7.         CONDOMINIUM UNITS:  If the transaction involves a condominium unit, you are required to provide a certificate pursuant to Massachusetts General Laws, Chapter 183A, Section 6(d).  This certificate is obtained from the organization of unit owners and states the unpaid common expenses which have been assessed to the unit owner.  You will also be required to provide a Certificate of Insurance naming, as insureds, the Buyer and the Buyer’s new Lender, as well as its successors and/or assigns, as their interest may appear.  It is imperative that the foregoing language be on the certificate of insurance.  The trustees of the condominium trust can assist you in this matter.
8.         SALE PROCEEDS:  If the closing takes place in our office, we will make every attempt to record papers and disburse funds on the same day.  However, no matter where this transaction closes your funds will not be released to you until the deed and mortgage have been recorded at the appropriate Registry of Deeds. Your proceeds will be issued to you by a check drawn on our Conveyancing Trust Account as is the standard procedure in Massachusetts.
9.         TRUST OWNERSHIP:  If this property is owned by a trust, our office also requires a trustee’s certificate.  This certificate should state that the trust has not been terminated, amended or revoked; that the trustee (s) are the same and they have not resigned; and that so far as may be required by the beneficiaries, they have assented to the transaction and that they are of legal age and competent.  In addition, the statement should be acknowledged before a notary public and be in the form suitable for recording.  We can prepare such a certificate at a charge of $75.00 if you request us to do so.
10.       FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED:  This Federal Law places special requirements for tax reporting and withholding on the parties to a real estate transaction under certain circumstances as set forth in the law.  You should seek the advice of your attorney or accountant concerning the effect of this Act on this transaction.  You will be required to execute a copy of the enclosed certification under penalty of perjury at the closing.  If you do not plan on attending the closing, please be sure that your attorney or agent delivers the fully completed and executed copy of the affidavit along with the deed.  The closing attorney for the firm can not and will not provide information, advice or opinions regarding the Act’s applicability to you or to this transaction.
11.       FEDERAL TAX LAWS.  Since January 1, 1986 Federal Law requires the closing attorney to report the proceeds of the transaction to the Internal Revenue Service. Therefore, at closing we will require you complete an appropriate form including your Social Security Number or Federal Identification Number.
12.       TITLE EXAMINATION.  Please note that if, as the result of searching the title or obtaining the plot plan and municipal lien certificate, we discover that there are any deficiencies or defects, they are your responsibility to correct or to have your attorney do so on your behalf or determine your rights, duties and obligations under your purchase and sale agreement.
13.       CLOSING.  You should also be aware that most lenders require 72 hours notice in advance of the day of closing to prepare the loan papers and to obtain the funds.  There is no exception to this requirement and it is therefore incumbent upon you to coordinate scheduling of the passing not only with our office but with the buyers and brokers as well.
14.       FINAL WATER READINGS ARE REQUIRED:A water bill, even one received on the day of closing, is not sufficient, as water and sewer departments, as well as municipal utility departments, may be far behind on their billings.  Please contact the water and sewer department for your city or town to obtain a final reading and bring a final paid receipt to the closing.
15.       CORPORATIONS and LLCs:  If you hold title to the property in a corporate name or in an LLC or LLP you should immediately take steps to secure the following documents:
A.) a Certificate of Legal Existence from the Secretary of State and latest annual filing;
B.) for corporations, a waiver of the corporate excise tax lien imposed by the Commonwealth of Massachusetts Department of Revenue under M.G.L. Chapter 62C, Section 51 or statement on the deed that the sale does not constitute a sale of substantially all of the Corporation’s assets.

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REPRESENTING THE INTERESTS OF THE SELLER IN REAL ESTATE TRANSACTIONS
Our office specializes in real estate conveyancing. We are prepared to represent you in the sale of your real estate and to make the entire process easy and enjoyable for you.
Unless we are representing one of the other parties in your sale our office can represent you for a reasonable fee and give you the comfort you need to proceed confidently toward the sale of your home or investment property as well as in the purchase of any new real estate. Some of the services we provide when representing sellers are:

Review of any agreement with a real estate broker or assistance in deciding whether you should sell the property yourself.
Negotiation and preparation of the offer to purchase and purchase and sale agreement to protect your interests and concerns.
Resolve issues which may arise during the pendency of your sale.
Explain the mortgage process and assist you in understanding just what your buyer’s or lender's requirements mean to you.
Assist you in resolving and clearing any issues that may be found in the examination of your property's title.
Prepare the deed from you to your buyer.
Assist in the coordination of the closing and represent you at the closing, review all closing documents and explain their meaning and significance to you.
Answer questions you might have and resolve disputes that may arise at any time during the closing process.

Please call our office to discuss how we can represent you and what are fees are for this service. We look forward to hearing from you.

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1093 Main Street | Holden, Massachusetts 01520 | (508) 829-6901 | Facsimile (508) 829-7326 | bf@bennettandforts.com