Is Massachusetts a Title State or an Attorney State?
Massachusetts is an attorney state. The state's highest court has held that residential mortgage closings require not only the presence but the substantive participation of an attorney representing the lender. This is a legal requirement, not a regional custom.
Is Massachusetts a Community Property State for Mortgages?
No. Massachusetts is a common law property state, and dower and curtesy have been abolished. Under the state's homestead law, a mortgage signed by every owner on title takes priority over the homestead without the signature of a spouse who isn't an owner, so a non-borrowing spouse who isn't on title generally doesn't need to sign the mortgage.
Does Massachusetts Have Special Rules for Refinancing a Recent Home Loan?
Yes. A lender may not knowingly refinance a home loan made within the past five years unless the refinance is in the borrower's interest, and the lender must make that determination, and date a worksheet showing how it decided, no later than closing. FHA, VA and other government agency loans, Qualified Mortgages and certain other loans automatically meet the standard, but the worksheet is still required.