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Massachusetts Real Estate Attorney Requirements

Massachusetts law requires that a licensed Massachusetts real estate attorney is required to be an active participant in the real estate closing and must do more than act in a witness-only capacity. As real estate closing agents, they must effectuate the transaction. As part of the real estate attorney's substantive role in the transaction, the Massachusetts Supreme Judicial Court has stated that "there must be a genuine attorney-client relationship" between the lender and the attorney handling the closing.  REBA v. NREIS, 459 Mass. 512 (2011).  Only a Massachusetts real estate attorney can draft “deeds to real property,” which includes mortgages, and only a Massachusetts real estate attorney can give an opinion regarding title. Id.