Do I need to have a title search done on my family’s property in Marlborough MA?

Additional Information:

I am buying property in Marlborough, MA that has been in my family forever.  My lender is requiring that I pay for a title search, even though I know there are no issues.  Do I really need to have a title search done?

ATTORNEY ANSWER:

You will not be able to obtain a mortgage unless a title search is conducted.  A title examiner will research the records at the Registry of Deeds, and Registry of Probate.  The purpose of the title search is to determine the “owner of record” of the real estate.  The examiner will make sure that there were no breaks in the “chain of title.”  If an owner of the property died while owning the real estate, the examiner will check to be sure all of the heirs were notified, and signed off on the deed of the estate.

The examiner will also check for any encumbrances on the property.  There may be old mortgages which may not have been properly discharged of record.  Any other encumbrances which need to be resolved prior to closing would be found with a title search.

The Marlborough, MA Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.