You will need to complete and submit the online Closing Information Form (form is on this page) - the sooner the better. Be sure to include the correct legal spelling of the names of all sellers, including middle initials. Misspellings or variations on the closing documents may delay the closing.
All owners of the property must execute the deed and attend the closing. This includes owners of a life estate and other lesser interests in the property. Also, if the property being sold is, or once was, the primary residence of the Seller or any Seller's spouse, the spouse must attend closing and sign the deed and a few other documents, even if the spouse is not on title.
***Note that even if a spouse is not an owner of the property, it is necessary for the spouse to attend any refinance or sale of a primary residence in BOTH MA AND NH.***
Each time that property is sold, a new deed in proper form must be prepared and delivered to the Buyer by the Seller at closing. It is the Seller’s responsibility to bring an original notarized deed to closing. If you wish, we will prepare and notarize the deed for you at closing for a fee. If you elect to have us prepare the deed, we will charge you $125.00 payable on the day of closing. There is no need to bring a check; the fee will be deducted directly from your closing proceeds. If you are represented by an attorney who will be preparing your deed, please be sure to have your attorney provide us with a copy of the deed at least 72 hours in advance of closing for our review. If we are not provided with a proposed deed for review PRIOR to closing, we will prepare a deed and charge you $125.00.
To avoid delays and to assist us in dealing with any issues that may arise during our title search, if you can find it, please provide us with a copy of your title insurance policy. If our title search reveals a title problem, in some cases, having your title insurance policy in hand ahead of time may help to avoid a delay or inability to close. We realize you may need to get your hands on this, so in the meantime, please complete the information form and get us whatever else we need.
Please provide our office with a copy of your most recent tax bill prior to closing. If you have paid a bill within two weeks of closing, please be sure to bring in a stamped receipt from the City or Town confirming the payment.
As Seller, you must obtain a final water bill, sewer bill and any and all other municipal utilities or charges prior to closing. You must provide us with written verification of amounts due prior to closing. If we are not provided with suitable written verification prior to closing, the closing will need to be delayed pending receipt of suitable verification of all municipal charges.
Each seller must bring a current form of identification to closing. Acceptable forms of identification include a state issued drivers license, state issued identification card (if you do not have a drivers license), a passport or a U.S. military identification card.
Pursuant to G.L. c. 148, § 26F and 26F½, prior to the sale or transfer of a dwelling, the seller must equip the dwelling with approved smoke and carbon monoxide detectors. Furthermore, an original certificate of compliance from the local fire department dated less than sixty days prior to the closing must be brought to the closing by the Seller. We request that you fax a copy of the certificate prior to closing for our review.
If, as Seller, you will be seeking reimbursement for adjustments such as home heating oil or other adjustments, please be sure to notify us prior to closing and provide supporting documentation for the charge.
Please bring all keys, entry codes, alarm codes, garage door openers and any similar items to closing.
Please complete and return one Mortgage Payoff Form (see links below) for each outstanding mortgage or equity line of credit. To ensure current and accurate payoff information, we usually order payoff statements within a couple of days of closing. If your lender requires additional time to prepare a payoff statement, you must notify us. Accordingly, you should check with your lender prior to closing if there are any special requirements or excess lead times required. We are not responsible for closing delays on account of delayed payoff statements. Furthermore, if you have an equity line of credit, the line must be terminated prior to closing.
If you have any outstanding mortgages to individuals, private entities or an entity other than an institutionalized lender, you must bring an original discharge to closing for recording.
Unless you bring a discharge to closing suitable for recording, to clear title, it will be necessary for our office to track and obtain a discharge from your lender or lenders. We charge a customary fee of $75.00 per outstanding mortgage.
If the property is being sold by a corporation, then 1) the Seller must provide an original certificate of good standing and a certificate of legal existence from the Corporations Division of the Secretary of the State; 2) if the sale includes all or substantially all of the corporation’s assets, an original tax lien waiver issued by the Commissioner of Taxes must be provided at or prior to closing; and 3) unless the deed is executed by the president and treasurer of the corporation (as appearing in the most recent filing with the Sec. of Com.), a certificate of vote suitable for recording must be provided at closing.
If the property is being sold by a corporation, then 1) the Seller must provide a long form certificate of good standing from the Secretary of State's office identifying the managers of the limited liability company and the person(s) authorized to act with respect to real estate instruments; and 2) the deed must be executed by the person(s) authorized to act with respect to real estate instruments as set forth in the certificate.
If the property is owned by a trust, a trustee certificate will be required. If the trust is not recorded in the chain of title at the registry of deeds, we will need to review the original signed trust well in advance of closing so that we can determine what additional instruments may need to be recorded at or before closing.
If someone will be coming to the closing on your behalf under a power of attorney, we will need to review the instrument prior to closing. Except in limited exceptional circumstances, a deed cannot be signed under a power of attorney. In the extraordinary case where a deed must be signed under a power of attorney, a copy of the instrument must be provided well in advance of closing so that the instrument may be reviewed and approved by both the lender and title insurer.
If the home or building is served by a septic system, we must have a Title 5 Compliance Certificate indicating a passing inspection within two years of the date of the closing.
1) A “6(d) certificate” is required (for MA properties). The 6(d) certificate is a certificate executed by the person or person(s) duly authorized by the condominium association to certify that all common expenses and assessments attributable to the unit have been paid in full. A copy of this certificate should be provided prior to closing for our review. The Seller must bring the original 6d certificate to closing for recording.If a NH condominium unit, although it is not necessary to record a certificate at closing, a statement pursuant to R.S.A 479-A:23 is required verifying that all common expenses and assessments have been paid.
2) Please provide us with the contact for the condominium association as soon as possible.
3) Certificate of Insurance. The Seller must bring a certificate of insurance for the condominium to closing containing the mortgage clause required by the lender. Please provide us with all insurance and contact information well in advance of closing so that we may provide the mortgagee clause to the insurer.
Please note that the Seller’s proceeds will not be released to the Seller until we are able to record the deed and associated closing documents at the appropriate Registry of Deeds. If you are represented by an attorney, so long as we have received funding from the lender, we will allow your attorney to hold your proceeds in escrow pending notification from our office that the deed has been recorded. Otherwise, we will hold your proceeds check in our office until we have received funding and recorded the conveyance documents. IF AT THE TIME OF THE SIGNING, WE HAVE NOT RECEIVED FUNDS FROM THE LENDER, UNDER NO CIRCUMSTANCES WILL WE EITHER 1) CAUSE THE DEED TO BE RECORDED, 2) PROVIDE YOU WITH YOUR PROCEEDS OR 3) ALLOW YOUR ATTORNEY OR ANYONE ELSE TO HOLD A CHECK IN ESCROW. THERE ARE NO EXCEPTIONS. If funds are needed for a purchase, we recommend that you contact our office in advance of the closing so that we can make the appropriate scheduling arrangements to assure that funds are available in time for your purchase. If you require certified funds or a bank wire, you must contact us in advance of closing; otherwise your funds will be in the form of an attorney’s IOLTA check. The Seller is responsible for any and all fees charged by our bank to obtain certified funds or to wire funds.