How Attorney Closings Work When You're Buying a Home in Massachusetts

If you're buying a home in Massachusetts, there will be an attorney at your closing table. Documents get signed, funds move, the deed records. But who that attorney actually works for is worth understanding before you sign anything.

Why an Attorney Shows Up at Nearly Every Massachusetts Closing

Massachusetts doesn't have a single statute that says "you must hire a lawyer to buy a house." Instead, Massachusetts case law holds that a closing involving a mortgage lender requires the substantive participation of an attorney — the line of decisions that moved the state away from the old practice of non-attorney "witness-only" closings addressed closings on behalf of the lender.

In practice, that means an attorney is part of essentially every financed Massachusetts closing, the same way one is in Connecticut. Massachusetts law also calls for an attorney to certify title on owner-occupied dwellings of fewer than five units, with that certification running to the mortgagor in a mortgage loan, and lenders generally won't fund a mortgage without an attorney overseeing the closing. Add it up, and you get a closing process that looks a lot like ours here in Connecticut — attorney-driven from title through recording.

Whose Attorney Is Actually at the Table?

Here's the part that catches many buyers off guard: the attorney at a Massachusetts closing is often the lender's attorney, not necessarily yours. When there's a mortgage involved, the buyer typically pays the closing costs that cover this attorney, but that attorney's duty runs to the bank rather than to you.

That doesn't make the closing improper. It just means the person examining title, drafting the deed, and running the closing is there to protect the lender's collateral. Reviewing your purchase and sale agreement for contingencies you should be watching, flagging something in the title search that concerns you specifically, or answering your questions about a clause before you sign. That work falls outside the lender's attorney's job.

What a Massachusetts Closing Attorney Actually Does

The core work is the same as what happens at a Connecticut closing: examine the title and confirm it's marketable, prepare and review the closing documents, coordinate with the lender on funding, conduct the closing itself, then handle recording the deed and disbursing funds. In Massachusetts, an attorney typically certifies that title work before the deal can close.

The mechanics are familiar. The question is simply who's doing that work and on whose behalf.

Should You Hire Your Own Attorney?

The pattern is a familiar one, whether the buyer lives in Massachusetts or is a Connecticut resident crossing the border for a deal: they assume someone at the table is representing them, and they don't think twice about who that attorney answers to. The lender's attorney handles the closing competently. But "competently for the lender" and "looking out for you" aren't the same thing.

But "competently for the lender" and "looking out for you" aren't the same thing.

This is where having your own counsel matters, particularly if you haven't been through a Massachusetts transaction before. Before you sign a purchase and sale agreement, it's worth having someone review the contract on your side — checking contingencies, financing terms, and deadlines before you're committed, not after.

What to Do Before You Close on a Massachusetts Property

If you're buying in Massachusetts, or you're a Connecticut resident or agent working a deal that crosses the border, the practical move is simple: line up your own attorney early, ideally before you sign the purchase and sale agreement. That gives someone time to review the contract terms, watch the title search for issues, and answer your questions throughout, instead of you finding out at the closing table that no one there was working for you specifically.

Mancuso Carey's offices are all in Connecticut, but our practice covers Connecticut, Massachusetts, and Rhode Island. If you have a Massachusetts property under contract or you're about to make an offer, reach out and we'll walk you through exactly how we'd handle it.

The takeaway: Massachusetts closings run through an attorney just like Connecticut's do. What matters is whose interests that attorney is protecting, and whether you want your own. If you're buying in Massachusetts, call (860) 603-2258 or visit our Massachusetts page to get started.

Common Questions

Does the attorney at a Massachusetts closing automatically represent me as the buyer?

Not necessarily. When there's a mortgage, the closing attorney is often working for the lender, even though the buyer typically covers the cost. That attorney's duty runs to the bank. If you want someone looking out for your interests specifically, that's usually a separate arrangement.

Who handles a Massachusetts closing for Mancuso Carey?

Massachusetts matters are handled by our Massachusetts-admitted attorneys, George Holler and Alex Jacobson. Admission in Connecticut alone doesn't authorize an attorney to handle a Massachusetts closing — that work has to be done by someone admitted in Massachusetts. Our offices are physically located in Connecticut; reach out with the transaction details and we'll explain how we'd handle it.

What happens if I don't hire my own attorney for a Massachusetts closing?

The closing will still happen. Massachusetts practice generally calls for an attorney's substantive participation, so one is typically involved regardless. But if that attorney represents the lender, no one is specifically reviewing the deal for your interests as the buyer, which is why many buyers choose to bring their own counsel into the process.