Buying a home in Massachusetts is exciting — whether it’s your first home, a new construction, a condo in Boston, or a family home that’s been in the same name for decades. But there is one protection that too many buyers mistakenly decline:
Owner’s Title Insurance
In my Massachusetts real estate practice, I regularly work with families who discover title problems long after closing. Nearly all of them believed they didn’t need Owner’s Title Insurance because their purchase seemed “low risk.”
They all said the same thing:
“If I had known this could happen, I would have bought the policy.”
Below are the most common myths Massachusetts buyers hear — and the real legal dangers that come with skipping Owner’s Title Insurance.
🧨 MYTH #1: “I’m buying from family — the title must be clean.”
✔ TRUTH: Title problems don’t disappear just because you trust the seller.
Even if your parents, grandparents, or siblings owned the home for 40 years, the chain of title goes back long before they did. Buyer-ending issues can still exist, including:
Old unpaid municipal taxes
Unreleased mortgages
Probate errors if someone in the chain passed away
A missing signature from a spouse or heir
Boundary disputes or encroachments
A lien from a contractor or creditor 20+ years ago
A family sale is emotionally safe, but legally the same as any other sale. Without Owner’s Title Insurance, you become responsible for fixing every unresolved issue — no matter how far back it occurred.
🧨 MYTH #2: “It’s new construction — nothing bad could have happened yet.”
✔ TRUTH: The house is new… but the land is not.
Common new-construction title risks in Massachusetts include:
Mechanics’ liens from unpaid subcontractors
Driveway or HOA easement disputes
Boundary line disagreements
Underground utility easements that were never cleared
Construction lenders not recording discharges properly
Even if you pay the builder in full, a subcontractor who wasn’t paid can put a lien on your property — and you’ll be the one who must fight it.
🧨 MYTH #3: “I’m buying a condominium — the HOA protects me.”
✔ TRUTH: A condo does not eliminate title risk. In some cases, it increases it.
Condominiums in Massachusetts carry title risks that single-family buyers don’t always face, including:
Errors in master deed amendments
Incorrect percentages of beneficial interest
Improper or missing trustee authorizations
Unpaid condo fees by a prior owner (which become your responsibility)
Special assessments recorded but not disclosed before closing
Building-wide contractor liens affecting the entire complex
A title problem affecting the master deed doesn’t just impact one unit — it can affect every owner in the building. Without Owner’s Title Insurance, you can be dragged into litigation or forced to pay to resolve an issue you didn’t create.
🧨 MYTH #4: “I don’t need Owner’s coverage because the lender already gets it.”
✔ TRUTH: The lender’s policy protects only the bank, not the homeowner.
If a title issue arises:
The bank is fully protected
You are not
You could still owe your mortgage even if you lose your equity — or the entire property.
🧨 MYTH #5: “The closing attorney did a title search — why would I need insurance?”
✔ TRUTH: Even the best title search cannot reveal every defect.
Undetectable issues include:
Forged signatures on a deed
Recording errors at the Registry of Deeds
Missing or unknown heirs
Clerical mistakes in legal descriptions
Undocumented spousal interests
Fraud in a prior transfer
These issues often surface years later, and without Owner’s Title Insurance, the financial burden is entirely yours.
💡 The Premium Is the Same Everywhere in Massachusetts
Some buyers think they should “shop around” for title insurance to get a better rate.
Here’s what most buyers don’t know:
🔹 Title insurance premiums are standardized in Massachusetts.
Every title company uses the same formula set by state-approved rate schedules.
So declining Owner’s Title Insurance doesn’t save you money —
it only increases your risk.
🏠 The Bottom Line for Massachusetts Buyers
Whether you’re purchasing:
A condo in Boston or the South Shore
A new construction in Plymouth or Hingham
A vacation property on Cape Cod
A family home in Quincy, Milton, or Braintree
Every property in Massachusetts has a long chain of title, and a single unresolved issue can:
❗ Delay or block a refinance
❗ Stall or prevent a future sale
❗ Trigger expensive litigation
❗ Result in losing ownership or equity
Owner’s Title Insurance is a one-time premium that protects you for as long as you own the property — and in many cases, protects your heirs as well.
🔐 Buying a Home in Massachusetts? Protect Yourself Before Closing.
The Law Offices of Scott M. Syat, P.C. helps Massachusetts homebuyers close safely, efficiently, and fully protected — with clear guidance on Owner’s Title Insurance and every other part of the closing process.
📞 Call (617) 773-3500 and speak to Attorney Scott M. Syat to discuss your purchase!