In response to a request by the U.S. Court of Appeals, the Supreme Judicial Court of Massachusetts opined that real estate closings are the practice of law and cannot be conducted by escrow companies. Clearing title and interpreting the status of title, as well as drafting and interpreting deeds and other documents by which legal rights are created, modified, surrendered or secured are acts which only an attorney should be doing in order to protect those bounds by these documents. "(W)e believe that a lawyer is a necessary participant at the closing to direct the proper transfer of title and consideration, and to document the transaction, thereby protecting the private legal interests at stake as well as the public interest in the continued integrity and reliability of the real property recording and registration systems. "
This decision will also have an effect on out of state immigration lawyers which have satellite offices in Massachusetts but no real presence for the consumers using their services.
When you call Glickman Turley, attorneys answer your calls. There is no one between you and your lawyer. We protect your interests.
The decision can be found on the website for the Supreme Judicial Court. It is Real Estate Bar Association v. National Real Information Services, 459 Mass. 512 (2011).
