Many title problems can be resolved before closing. Others may require additional documents, payments, legal work, or more time than the original closing schedule allows. What happens next depends on the type of problem discovered and the terms of your purchase and sale agreement.

If you are dealing with title search problems in Massachusetts, the most important thing is to identify the issue quickly and understand what must happen before ownership can be transferred.

What Is a Title Search?

A title search examines public records connected to a property to determine ownership and identify recorded matters that may affect the title.

Massachusetts actually has two systems for real estate title records: recorded land maintained through county Registries of Deeds and registered land handled through Land Court registration districts housed within the Registries of Deeds. Massachusetts Government

During a Massachusetts residential transaction, title work generally occurs before closing. The state’s real estate closing materials describe the transaction sequence as including the purchase and sale agreement, inspection, financing and appraisal, title search, and then closing. Massachusetts Government

The purpose is not simply to verify the seller’s name. The title review can uncover claims, liens, ownership questions, improperly recorded documents, encroachments, and other issues that may need to be addressed before the transaction can close.

What Problems Can a Title Search Find?

There is no single type of title problem.

A title search might reveal an old mortgage that appears to remain on the property even though the homeowner believes it was paid years ago.

It might uncover a lien related to unpaid obligations, a problem with a prior deed, an ownership issue involving an estate, or an encroachment affecting the property.

Massachusetts’ Division of Insurance identifies examples of title defects that include incorrectly filed or missing deeds, fraud, mechanic’s liens, unpaid property taxes or association dues that result in liens, and encroachments across property boundaries. Massachusetts Government

Some problems are primarily paperwork issues. Others can require significantly more work to resolve.

The key question for a seller is whether the problem can be addressed in time for the scheduled closing.

Can a Title Problem Delay Closing?

Yes.

A title issue is one of several problems that can cause a scheduled real estate closing to be postponed.

If additional documents need to be obtained, an old mortgage discharge must be located or recorded, an ownership issue must be resolved, or a lien needs to be addressed, the attorneys involved may need additional time.

That does not necessarily mean the transaction is over.

A short delay may be manageable if the buyer and seller agree on how to proceed. A complicated problem can be more disruptive, particularly if the buyer has a mortgage commitment, moving arrangements, a rate lock, or another home sale tied to the closing date.

If your transaction has already been pushed back, WBOP’s guide to what happens when a home closing is delayed in Massachusetts explains some of the issues sellers may face when a closing does not happen on schedule.

What if an Old Mortgage Was Never Properly Discharged?

This can be particularly confusing for homeowners.

You may have paid off or refinanced a mortgage years ago and reasonably believe it is no longer an issue. But the title search may show that the appropriate discharge was never properly recorded.

From the seller’s perspective, that can feel like being told you still owe a loan you already paid.

Those are not necessarily the same thing.

The issue may instead be documenting and recording the satisfaction of the old mortgage so the title records accurately reflect what occurred.

Resolving the problem can involve tracking down records from the lender, mortgage servicer, successor institution, or other appropriate party. The process and time required will depend on the circumstances.

If an old mortgage appears during the title search, discuss it with the attorney handling the transaction rather than assuming the sale cannot proceed.

Can a Lien Stop You From Selling Your House?

A lien can complicate a sale, but discovering one does not necessarily mean the property can never be sold.

The first step is determining exactly what the lien is and whether it is valid.

For example, Massachusetts law provides mechanisms for mechanic’s liens connected with qualifying labor or materials furnished for improvements to real property. Massachusetts title standards also address how these liens may affect title. Massachusetts Government

Other recorded claims may involve taxes, judgments, condominium-related obligations, or different debts.

Depending on the circumstances, an obligation may be resolved before closing or addressed through the transaction. But sellers should not assume that every lien can simply be ignored until closing.

Once the title search identifies one, determine the amount, source, validity, and steps necessary to address it.

What if the Deed Has a Problem?

A title search can sometimes reveal an issue involving a previous deed.

There may be an error in how a name was recorded, a problem involving signatures or acknowledgments, a missing document, or another discrepancy in the chain of title.

Massachusetts’ official title-insurance guidance specifically identifies lost, forged, and incorrectly filed deeds among potential title defects. Massachusetts Government

Some document problems may be relatively straightforward to correct. Others can require more extensive legal work.

The important point is not to wait until the day before closing to investigate.

Once an issue is identified, the attorneys involved can determine what documentation or corrective action may be necessary.

What if There Is a Question About Who Owns the Property?

Ownership can become complicated when a property has passed through a family, divorce, trust, estate, or multiple prior transfers.

For example, a homeowner may believe they have full authority to sell the property, only for the title search to uncover another ownership interest or an unresolved issue involving a previous transfer.

This can also happen with inherited properties.

A house may have been treated by the family as belonging to one person for years even though the legal title records do not line up neatly with that understanding.

If the seller does not have the legal authority necessary to transfer marketable title, the ownership issue may need to be addressed before the transaction can proceed.

Can Probate or an Estate Cause a Title Problem?

Yes.

A property owned by someone who died can require additional documentation before it can be sold.

The exact process depends on how the property was owned, whether there were co-owners, whether an estate was opened, and who has legal authority to transfer the property.

Massachusetts closing guidance specifically identifies probate properties, death certificates, powers of attorney, authority to sell, and estate liens among matters that may arise in preparing for closing. Massachusetts Government

If you inherited a house and are unsure whether the estate or title work is complete, it is better to investigate early rather than after accepting an offer.

What if the Title Search Finds an Easement?

An easement does not automatically prevent a sale.

Properties can be subject to recorded rights allowing another person, utility, municipality, or other party certain use of a portion of the land.

The important questions are what the easement allows, where it is located, and whether it creates a concern for the buyer, lender, or title insurer.

Some easements are ordinary and expected. Others may affect how part of the property can be used.

The existence of an easement is therefore different from automatically having a defective title.

Your attorney can explain what the recorded document means for the particular property and transaction.

What if There Is a Boundary or Encroachment Problem?

Title work can also raise questions about property boundaries.

A fence, garage, driveway, shed, retaining wall, addition, or other improvement may extend across a legal boundary.

Massachusetts’ Division of Insurance lists encroachments, such as a neighbor’s fence intruding across a legal property boundary, as one example of an issue that can create title problems at closing. Massachusetts Government

These situations can vary enormously.

A minor issue that has existed without dispute for decades is different from an active disagreement between neighboring property owners.

If a boundary issue appears, sellers should understand exactly what the title documents and any available plans show before deciding what action is necessary.

What Does Marketable Title Mean for a Massachusetts Home Sale?

In a typical transaction, the seller is expected to convey the quality of title required by the purchase and sale agreement.

Massachusetts’ educational materials for residential purchase and sale agreements identify quality-of-title considerations including boundary lines, encroachments, access to a public way, and whether the title is insurable by a title insurance company at a normal premium. Massachusetts Government

Massachusetts law also reserves important parts of residential closing work to attorneys, including providing legal advice about title status and ensuring that a seller is in a position to convey marketable title. Massachusetts Government

That is why a seller should have the attorney handling the transaction evaluate an actual title defect rather than relying on general information online.

Can a Buyer Back Out Because of a Title Problem?

Potentially, depending on the purchase and sale agreement and whether the seller can provide the title required under that agreement.

This is an area where sellers should be particularly careful about assumptions.

Finding a problem during the title search does not automatically mean the buyer can walk away immediately. Likewise, a seller should not assume the buyer must wait indefinitely while the problem is resolved.

The contract matters.

If a title issue cannot be resolved as required, the transaction may eventually be jeopardized.

WBOP’s article on what happens if a buyer backs out of a home sale in Massachusetts explains some of the broader issues sellers may face when an accepted transaction does not make it to closing.

Who Is Responsible for Fixing a Title Problem?

There is no universal answer because title problems are different.

If the problem involves an old mortgage associated with the seller, the solution will be different from an encroachment involving a neighbor or an ownership issue created decades earlier.

The purchase and sale agreement also matters.

Once a title problem is discovered, the seller should ask the closing or real estate attorney:

What exactly was found?

Does it prevent the seller from providing the title required by the contract?

What documentation is needed?

Who needs to provide it?

Can the problem be resolved before closing?

Will the closing need to be extended?

Are there costs associated with correcting the issue?

Those questions are far more useful than simply asking whether the title is “good” or “bad.”

How Long Does It Take to Resolve a Title Problem?

It depends entirely on the problem.

A missing document that can quickly be obtained and recorded may cause only a limited delay.

An ownership dispute, complicated estate, unresolved lien, boundary disagreement, or problem involving old records can take considerably longer.

This uncertainty is often what makes title problems particularly frustrating for sellers.

You may already have movers scheduled, another property under contract, carrying costs on the existing house, or a deadline by which you expected to receive the sale proceeds.

The best approach is to identify title problems as early in the transaction as possible and obtain a realistic assessment of what will be required to address them.

What if the Title Problem Cannot Be Fixed Before Closing?

The closing may need to be postponed.

Whether an extension is possible and what happens if the issue remains unresolved depends on the purchase and sale agreement and the circumstances.

This is where a title problem can begin affecting more than paperwork.

A buyer may have a mortgage rate lock or lease ending. The seller may be purchasing another home. Moving dates may already be scheduled. A delayed transaction can create costs and logistical problems for both sides.

If the parties cannot reach a workable solution, the sale may ultimately fail.

That is why sellers should communicate closely with their attorney rather than making assumptions about what a delay means for the contract or deposit.

Can You Sell a House With a Title Problem in Massachusetts?

Sometimes, but the nature of the problem matters.

A title issue that can be corrected before or as part of a transaction is very different from an unresolved ownership dispute that prevents the seller from legally transferring the required interest in the property.

A cash sale also does not magically eliminate title problems.

A cash buyer may not have a mortgage lender requiring lender’s title insurance, but the buyer still needs the seller to be able to legally transfer ownership. Serious title defects therefore cannot simply be ignored because the transaction is for cash.

What a direct sale may change is the overall structure of the transaction. A buyer experienced with older or complicated properties may be more comfortable evaluating certain property issues than a typical retail buyer.

But the underlying title still needs appropriate legal review.

What Should You Do if a Title Problem Threatens Your Sale?

First, find out exactly what was discovered.

“There’s a title problem” is not enough information to make a decision.

Ask your attorney to explain the issue, what needs to happen to resolve it, how long that process may take, and whether it threatens the scheduled closing.

Then consider the practical consequences.

If the problem can be resolved in several days, an extension may be all that is necessary.

If the issue could take weeks or months, you may need to reconsider your timeline and selling strategy.

Do not pay questionable claims, sign corrective documents, or make legal assumptions simply to save a closing date. Title issues can affect valuable ownership rights, and they should be handled with appropriate legal guidance.

Selling a House After a Closing Problem in Greater Boston

For some Massachusetts homeowners, a title issue is only one problem in an already complicated sale.

The house may also need significant repairs. The buyer may be struggling with financing. An inspection may have uncovered defects. The property may be inherited, vacant, or difficult to maintain. A delayed closing can then become the final problem that makes the seller reconsider the transaction.

We Buy Old Properties purchases houses throughout Greater Boston in a variety of conditions.

If your current transaction is becoming difficult and you want to understand another option, you can explore selling your house directly to We Buy Old Properties.

A direct cash sale can remove some of the uncertainties associated with buyer mortgage financing and repair negotiations. It does not eliminate legitimate title issues, however, and those issues may still need to be addressed before ownership can legally transfer.

Frequently Asked Questions About Title Search Problems in Massachusetts

What does a title search look for in Massachusetts?

A title search reviews property records to examine ownership and identify recorded matters that may affect title. Depending on the property, those records may reveal mortgages, liens, easements, deed issues, encroachments, ownership questions, or other interests affecting the property.

Can a title problem stop a closing?

Yes. A significant unresolved title issue can delay a scheduled closing and, depending on the purchase and sale agreement and circumstances, may put the transaction at risk.

What happens if an old mortgage appears during the title search?

The mortgage may need to be investigated to determine whether it was paid and whether the appropriate discharge was properly recorded. Do not assume that the appearance of an old mortgage automatically means you still owe the debt.

Can you sell a house with a lien in Massachusetts?

Potentially, depending on the lien and circumstances. The lien may need to be resolved or otherwise appropriately addressed in connection with the transaction. Your attorney can determine how a particular lien affects your ability to convey title.

Can a buyer back out if there is a title problem?

Potentially. The answer depends on the purchase and sale agreement, the type of title problem, whether the seller can correct it, and whether the seller can provide the quality of title required by the contract.

Does paying cash eliminate title problems?

No. A cash transaction removes the buyer’s mortgage lender from the transaction, but it does not eliminate ownership, lien, deed, boundary, or other legitimate title issues.

Who should I contact if a title search finds a problem?

Speak with the Massachusetts attorney handling your transaction. Massachusetts law assigns attorneys important responsibilities in residential closings, including legal advice concerning title and ensuring that a seller is in a position to convey marketable title. Massachusetts Government