MA Supreme Court Affirms Attorneys' Role in Closings
Earlier this week, the Supreme Judicial Court of Massachusetts released a ruling that strengthened consumer protections in real estate transactions by confirming the role of attorneys in real estate closings.
The case,Real Estate Bar Association (REBA) v. National Estate Information Services (NREIS), pitted local real estate attorneys against a Pittsburgh company that provides services to mortgage lenders across the country. The Plaintiffs argued that many of the services provided by NREIS constituted the unauthorized practice of law. The Court found that the use of NREIS and similar companies left consumers with few protections in what is often the most important purchase they will make in a lifetime.
Justice Margot Botsford, writing for the Court, emphasized the importance of attorneys participating in every stage of the transaction, not simply signing off on the paperwork at the conclusion.
“We consider a closing attorney’s professional and ethical responsibilities to require actions not only at the closing but before and after it as well,’’said Botsford. “We emphasize that the closing attorney possesses an ethical and professional obligation to ensure marketability of title regardless whether the closing attorney personally performs this analysis.’’
The Dunn Law Group recognizes the importance of attorneys in real estate closings and applauds the decision of the Massachusetts Supreme Judicial Court. If you are planning to buy or sell a home or other property in Massachusetts don't hesitate to call or email us today at (617)725-0033 or mdunn@dunn-lawgroup.com to discuss how we might be of service.