When you buy a home in Massachusetts, your closing attorney will almost certainly recommend - and your lender will require - title insurance. Many buyers write the check without understanding what they're actually buying. That's a mistake, because title insurance protects against some of the most financially devastating problems a homeowner can face.

What Is Title Insurance?

Title insurance protects you against defects in the title to your property - problems with the chain of ownership that existed before you purchased the home. Unlike other types of insurance that protect against future events, title insurance protects against past events that may not surface until after you've closed.

Two Types of Title Insurance

Lender's title insurance is required by virtually every mortgage lender. It protects the lender's interest in the property up to the loan amount. It does not protect you as the buyer.

Owner's title insurance protects your equity in the property. It is optional in Massachusetts - but strongly recommended. A one-time premium at closing provides coverage for as long as you own the home.

What Does Title Insurance Cover?

Title insurance covers claims arising from:

• Undisclosed heirs - A previous owner's relative surfaces after the sale claiming an interest in the property

• Forged documents - A deed in the chain of title was forged or fraudulently signed

• Errors in public records - Mistakes in recording legal documents at the Registry of Deeds

• Unpaid liens - Prior contractor's liens, tax liens, or judgment liens that weren't discovered in the title search

• Boundary disputes - Conflicting survey lines or encroachments from neighboring properties

• Easement issues - Undisclosed easements that limit how you can use your property

• Prior owner's debts - In rare cases, a prior owner's financial problems can create claims against the property

What Title Insurance Does Not Cover

Title insurance does not cover:

• Problems that arise after the policy date

• Zoning violations you create yourself

• Environmental issues

• Problems a proper survey would have revealed (if you chose not to get a survey)

The South Shore Real Estate Market

In older communities throughout Plymouth County - Kingston, Duxbury, Marshfield, Norwell - many properties have complex ownership histories stretching back centuries. Old easements, family conveyances, and informal boundary arrangements are common. These are exactly the situations where title issues surface.

What the Closing Attorney Does

In Massachusetts, a licensed attorney must conduct real estate closings. Your closing attorney performs a title search - reviewing Registry of Deeds records to trace ownership and identify recorded problems. Title insurance covers what the search may miss.

At Sofio Law LLC, we represent buyers and sellers in South Shore real estate transactions, conducting thorough title searches and ensuring your closing goes smoothly. Contact us to discuss your upcoming purchase or sale.