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Examination of Title
Source: Masschusetts Bar Foundation, May 1994

After the purchase and sale agreement has been signed and financing arranged, a full examination of the title must be undertaken, coverage at least 50 years, since many rights and obligations involving real estate may continue for long periods of time. Some problems which affect the title are:

1. mortgages
2. taxes
3. mechanics' lien
4. debts of decedents
5. estate taxes
6. restrictions on use
7. bankruptcy
8. state and federal laws
9. foreclosures
10. divorces
11. attachments and judgments
12. rights of others to use the premises

Title examination requires interpretation of all the deeds, mortgages, court decrees and all other documents affecting the title, and applying the law and court decisions to the various situations arising in the title examination. Since the cost of correcting title defects is the seller's obligation, it is important that the title examination be completed and the title defects be corrected by the sller's attorney, before the buyer takes title and possession of the house.