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Updated over 11 years ago on . Most recent reply

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39
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Danny N.
  • Real Estate Investor
  • Worcester, MA
5
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39
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Investor friendly Title Co./Attorney In Massachusetts urgently needed!

Danny N.
  • Real Estate Investor
  • Worcester, MA
Posted

Hi Fellow BPocketers!

Does anyone have a good recommendation for an Investor friendly Closing Attorney or Investor Friendly Title Company in Massachusetts ? I need one that understands Investors and is familiar with Assignments and SPECIFICALLY Double Closings for REO's.

I have everything in place apart form this crucial link...pls advise

Most Popular Reply

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Ann Bellamy
  • Lender
  • Tyngsboro, MA
2,367
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Ann Bellamy
  • Lender
  • Tyngsboro, MA
Replied

I know this is an old thread that was resurrected, but I want to add some important info:

In Massachusetts, you can't use just a title company, statute says you must use an attorney.

Double closings (not simultaneous closings) are not illegal, the assumption on a double closing is you are using your own funds or transactional funding to fund the purchase, and then immediately resell to another party with their own funding in a completely separate transaction.

Using the end buyer's funds to fund your purchase is called simultaneous closing and is not insured by the title companies any longer. So if you are finding an attorney to handle a closing this way, it is possible the title company doesn't know the whole story. You could end up with a property with title insurance but the conditions of your transaction are excluded, therefore you're not covered.

You can also run into trouble on both double closings and simultaneous closings when:
1. The original seller is selling on a short sale
2. The property is an reo and the selling bank is selling with a deed restriction (or FNMA is selling with a deed restriction)

This is not legal advice, just setting the stage for what to look for when talking to attorneys.

Cheryl Morrill at Harry P Kotseas office in Worcester used to handle these, although I haven't worked with her in quite a while.

@Alan Segal in Needham is well versed, and will keep you out of trouble in navigating the waters of double closings.

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