SKM Title & Closing Services, P.C. - We Close the Loan Massachusetts Real Estate Attorneys | Conveyance Lawyers | Sharaf, Kelley & Maloney, P.C./SKM Title & Closing Services, P.C. is a Massachusetts law firm focused on providing regional closing and title search services to national banks, loan officers, mortgage companies, and consumers with real estate interests throughout the New England region. Locacted in South Easton, Massachusetts.

SKM Title & Closing Services, PC BBB Business Review
Find Us on Facebook

Seller Disclosures

Alan B. Sharaf, Esq.
Michael R. Maloney, Esq.
Paula B. Olender, Esq.
Charles W. Clark, Esq.

Dear Seller:

This office has been selected by the buyer's lender as the closing attorney for the sale of your property. A paralegal from our office will be contacting you to arrange for the time and place of the closing, once the buyer's lender is ready. Please note your obligations in this transaction below and follow the instructions in this letter so that this important transaction goes smoothly for you. Please show this letter to your attorney and broker, or feel free to call (508) 230-8060 with any questions.

Although not required, it would be very helpful to have your attorney run the title from the prior owner of your property to the present date to confirm the record of title holders. At the same time, your attorney can obtain a copy of your current deed and alert you if there are any defects on the title.

The Seller must provide the following at closing:

1. Good and Clear Record and Marketable Free from Encumbrances. Our office will conduct a title examination at the appropriate Registry of Deeds to determine whether there are any liens or encumbrances on the title. All title encumbrances and liens must either be cleared prior to the closing or paid off from your closing proceeds.

Mortgages/Tax Liens: Please fill out your mortgage or lien information on the attached sheet. Said information should be faxed, mailed, or e-mailed to our office as soon as possible. If you have a home equity line of credit, you must stop using it now. This office must obtain a written payoff figure from your lender or municipality/government agency for each mortgage or lien that we find on the title. We shall pay each lien from your proceeds of the cash sale. We charge a $75.00 service fee plus a $20.00 express fee for each mortgage or lien that we payoff.

You may bring an original discharge to the closing to avoid discharge service fees. If you do so, please fax the discharge to this office in advance for approval.

A current problem in real estate sales is the existence of prior outstanding mortgages or missing assignments. We will attempt to prepare the title abstract in advance to notify you of any title problems. There will be a reasonable fee, which will not usually exceed Three Hundred Dollars ($300.00), for each missing assignment and missing discharge if this office agrees to undertake this task. (Provided that the missing instrument is from an institutional lender still in existence and readily accessible.) If the bank from which we receive a payoff statement is not listed at the Registry of Deeds as the record holder of the mortgage, the intervening assignment must be obtained. (We can not record a discharge of mortgage without a proper chain of title.) Our fee to obtain the intervening assignment will not usually exceed One Hundred Fifty Dollars ($150.00), so long as our office is satisfied that the assignment can be reasonably attained.

If the title is not clear, the Buyer has the right to postpone the closing, as does the lender's attorney, THEREFORE IT IS VERY IMPORTANT FOR YOU TO RESOLVE ANY OUTSTANDING TITLE ISSUES PRIOR TO CLOSING. Many sellers ask their attorney to prepare a title abstract at the outset to avoid any last minute issues which may arise.

Private Mortgages: We require a written payoff statement signed by the private mortgage holder and a discharge that has been signed and notarized prior to closing. We will hold the discharge in escrow until the deed is on record. We will then release the payoff funds to the private mortgage holder or his/her agent.

Title Held in Estate: If title is held in estate, and the decedent died less than one year prior to the date of closing, you may have to obtain a license to sell the property from the appropriate court. You will also have to obtain an original death certificate and an original M-792 Massachusetts Estate Tax Lien Release Certificate, or appropriate affidavit and fax the same to the paralegal prior to closing. Please consult the attorney who is conducting the probate of the estate for more detailed information. If the property is Registered Land, the Land Court must also approve the deed prior to closing.

Title Held by a Surviving Joint Tenant: If a person holds title to the property with another individual who is deceased, you must obtain an original death certificate for the decedent and an original M-792 Massachusetts Estate Tax Lien Release Certificate, or appropriate affidavit. Please consult the attorney who is conducting the probate of the estate for more detailed information.

2. Deed: Please fax or email this office a copy of your current deed as soon as possible. Said deed can be directed to the attention to the paralegal noted at the outset of this document.

You must also bring to the closing a new deed signed by you, naming the Buyer(s) as grantee(s). Please have your attorney fax or email a draft of this deed at least 72 hours prior to closing so that we may review it.

If you wish, our office can prepare the new deed for you. The cost for this service is $150.00. Please let us know at least three days prior to the closing if we are to prepare the deed.

Please note that all owners of record must sign the deed and all their signatures must be notarized. Under extremely rare circumstances, a deed may be signed under a power of attorney with prior approval from our title insurance company. Please further note, that if you have a Declaration of Homestead recorded on your title to the property, and you also have a spouse who is not a record title holder to said property, your spouse will be required to join in signing the deed to the buyers, even though they were not on your deed to the property.

3. Smoke Detector/Carbon Monoxide Certificate: You are responsible for having a successful inspection by your municipality's fire department of smoke detectors on your property. The fire department will then issue a certificate of compliance. You must bring the original certificate to the closing. Arranging an appointment may take some time, so please plan ahead. The closing cannot take place without it. Please be sure to check with your local jurisdiction or broker to see if a carbon monoxide certificate is also required.

4. Water and Sewer Bill: (Not applicable to condominium units that have common meters). You must bring a final paid water/sewer bill to the closing. Please contact your municipality to find out how to obtain a final bill. In Boston, and some other localities, a paid bill is not acceptable. The Water and Sewer Department must visit the property and make a final reading. Such a reading can takes approximately three weeks to obtain, so plan ahead.

5. Certificate of Common Charges: 6(d) Certificates: (For condominium units only) You must bring to closing a certificate from the condominium Trustees stating that there are no unpaid common expenses on your unit. This document must be signed by a majority of the Trustees whose names appear in the Registry of Deeds as Trustees. The Trustees signatures must be notarized, as this document will be recorded at the Registry of Deeds. In certain instances, the seller may also have to obtain a right of first refusal from the Trustees. Please be sure to get these documents to our office 72 hours prior to closing for review.

6. Condominium Certificate of Insurance: (For condominium units only.) You must bring to the closing a certificate from the insurance company that insures the condominium building which names the Buyer(s) as unit owners and the Buyer's lender as loss payee for the unit. Please contact this office for the appropriate name and address of the lender.

7. Keys: Please bring all sets of keys for the mailbox (if applicable) and doors, as well as any garage door openers (if applicable) with you to closing.

8. Urea Formaldehyde Foam Insulation (UFFI): You will be required to sign at closing a certificate stating that to the best of your knowledge there is no UFFI on your property. If you suspect that there may be UFFI present, you must have the property tested and notify this office and the Buyer(s) of the results.

9. I.D.: You must bring a government issued photo I.D. to the closing.

All record title holders should be present at the closing to execute the necessary documents. If you or another Seller will not be at the closing, you must execute and have notarized a specific power of attorney authorizing the attorney-in-fact to sign any and all documents relating to the sale of the property. Again, even if a Seller is not attending the closing, he or she must sign the deed and have his or her signature notarized.

Adjustments: if you want any additional adjustments (i.e. oil, rent) shown on the settlement statement you must let us know at least three days prior to closing. Also, please provide us with a copy of your latest tax bill as well as the amount of your monthly condominium fee (if applicable), as taxes and condominium fees will be also be adjusted on the settlement statement.

Your proceeds will be issued by check from the Attorney's Client Funds Trust Account. Your check will be held by our office until the deed is recorded at the Registry of Deeds. Closings that end by 2:00P.M. usually record the same day. Closings that end after 2:00P.M. usually go to record the next business morning. We can issue your proceeds check to your attorney and/or your broker, so long as they are present at the closing. He or she will have to hold the check in escrow until we notify him or her that the deed is recorded. Otherwise, you may pick up your proceeds at our office after we notify you that the deed is recorded. Alternatively, we can overnight mail your proceeds check to you.

If you need proceeds to be wired to your bank account or you need your proceeds to be in the form of a cashier's check, you must notify our office at least 48 hours prior to closing with precise instructions. Please note that there is a $50.00 fee for this request. We will try to accommodate your request, however, we can not guarantee that such arrangements will be made the same day as the closing.

The closing usually takes 30-60 minutes. You will be asked to sign the settlement statement, a 1099 form, by which we will report the sale to the I.R.S., and various other documents. If you have any special scheduling requests, such as back-to-back closings or time restraints, please let us know as soon as possible, so that we can schedule your closing accordingly. Please know the name and lender of the Buyer(s) when you call our office so your call can be directed to the appropriate person.

Sincerely yours,

Alan B. Sharaf, Esq.
Michael R. Maloney, Esq.

Contact Us

Brookline 617-277-7887
1583 Beacon Street
Brookline, MA 02446
Click for directions.

South Easton508-230-8060
619 Washington Street
South Easton, MA 02375
Click for directions.