Real estate documents are some of the most important papers a notary ever touches, and Massachusetts handles them differently from most states. Closings are run by attorneys, deeds must be acknowledged to be recorded, and registered land has its own rules. Whether you are a buyer, a seller signing from out of state or a notary asked to help with a closing, this guide explains how notarizing real estate documents in Massachusetts works.
Massachusetts is an attorney-closing state
In many states a title company or escrow officer runs the closing. In Massachusetts, the core legal work of a residential closing belongs to a Massachusetts-licensed attorney. Under M.G.L. c. 221 § 46E, for a mortgage or transfer of title to a one-to-four family home, only a Massachusetts attorney in good standing may:
- Direct or manage the closing;
- Give legal advice on the status of title or make sure the seller can convey marketable title;
- Issue a certification of title;
- Draft a deed for someone else;
- Make sure the transfer documents are executed and acknowledged under Massachusetts law; and
- Disburse, or manage disbursement of, the purchase or loan money.
Non-attorneys may help make sure documents are signed and acknowledged, but only under an attorney's direction or supervision. The Supreme Judicial Court has also held that attorneys must take a substantive part in residential conveyancing, while some tasks such as title searches and recording may be done by non-lawyers.
What non-attorney notaries can and can't do at a closing
Chapter 222 § 17 sets the notary side of the rule. A notary who is not a Massachusetts attorney:
| Can | Cannot |
|---|---|
| Notarize a deed, mortgage, power of attorney or affidavit the signer brings | Conduct a real estate closing or act as closing agent |
| Notarize closing documents as an employee of the attorney conducting the closing | Explain what the documents mean legally or advise on title |
| Notarize documents for a lender's own loan closings as the lender's employee | Draft a deed or choose legal forms for someone else |
| Act at an attorney's direction to help documents get signed and acknowledged | Handle or disburse closing funds |
For signing agents coming from other states: a loan signing assignment for Massachusetts property should come through, or be coordinated with, the Massachusetts closing attorney. Violations of § 17 can lead to private lawsuits and are treated as unfair or deceptive practices.
Acknowledgments: the statutory form
Most real estate documents use an acknowledgment: the signer appears before the notary, is identified, and declares that they signed voluntarily. Section 15(b) provides the statutory acknowledgment certificate. Its key elements are:
- The venue (Commonwealth of Massachusetts and the county);
- The date and the signer's name, and the statement that the signer personally appeared before the notary;
- That the signer was proved through satisfactory evidence of identification, with the type of evidence named;
- That the signer acknowledged signing "voluntarily for its stated purpose", with variations for partners, corporate officers, attorneys-in-fact and other representatives; and
- The notary's signature, printed name, commission expiration date and seal.
The statutory forms in § 15 and in the appendix to c. 183 are optional, and other lawful forms remain valid. A document is not invalid just because its certificate wording differs if it is substantially similar. Still, using the statutory form avoids questions, and for registered land it is effectively required.
Documents that must be acknowledged to record
Under c. 183 § 29, a deed can be recorded only with a certificate of acknowledgment or proof of execution. The Massachusetts Deed Indexing Standards list about 38 document types that must be acknowledged to record, including:
- Deeds (construed broadly to include mortgage and easement deeds, leases and options);
- Mortgages, discharges, partial releases and assignments;
- Declarations of trust, declarations of homestead and powers of attorney;
- Purchase and sale agreements (at least one seller's signature); and
- Condominium trustee appointments and resignations.
At least one grantor's signature on a deed must be acknowledged, but both spouses must acknowledge a homestead declaration. A mortgage modification needs at least one borrower's and one lender's acknowledgment. If the seal is missing, the document can still record if the notary signed and printed their name and expiration date.
Out-of-state and foreign acknowledgments for MA property
You do not have to be in Massachusetts to sign a deed for Massachusetts property. Under the Deed Indexing Standards:
- In another state: a notary, justice of the peace or magistrate of that state may take the acknowledgment. If the officer is someone else, attach a certificate of authority. The certificate should show the jurisdiction, the officer's signature, printed name and title, the date and the signer's name.
- Outside the U.S.: a local notary, justice of the peace or magistrate, or a U.S. consular officer may take it. Acknowledgments before U.S. officials must be certified under their seal of office.
Ask the closing attorney for the exact certificate wording before you sign abroad, and confirm whether the recipient wants an apostille. Remember that a Massachusetts notary can only notarize while physically in Massachusetts.
Registered land (Land Court) documents
Some Massachusetts land is registered through the Land Court and recorded in the registry's registered land section. A Land Court memorandum on acknowledgments and powers of attorney says acknowledgments for registered land must substantially follow the c. 222 § 15(b) form, including identity evidence and the voluntariness statement, whether notarized in Massachusetts or elsewhere. Powers of attorney used to convey registered land must also be acknowledged and filed with the registry district.
Remote closings under c. 221 § 46E
The 2023 law contemplates remote residential closings, with the closing attorney engaging the technology and entering a Board of Bar Overseers number, and remote acts done only by an attorney-notary or a non-attorney notary acting under the attorney's direct supervision or request. However, Massachusetts notaries cannot yet perform remote online notarization, and the Land Court has told its registration districts not to accept remotely notarized registered-land documents until it issues further instructions. See our RON status guide.
Find your Registry of Deeds district
Massachusetts has 21 Registry of Deeds districts. Use the Secretary's locate a registry by town tool to find yours. Boston properties record at the Suffolk County Registry of Deeds, 24 New Chardon Street.
Need a notary for a deed or power of attorney? Search our notary directory or see notaries in Boston. Read what ID to bring before you go.
FAQ
Can a notary conduct a real estate closing in Massachusetts?
Not unless the notary is a Massachusetts attorney. A non-attorney notary may notarize closing documents only as an employee of the attorney conducting the closing or of the lender for its own loans.
Does a deed need to be notarized in Massachusetts?
To be recorded, a deed needs a certificate of acknowledgment or proof of execution under c. 183 § 29. At least one grantor's signature must be acknowledged.
Can I sign a Massachusetts deed in another state?
Yes. A notary in that state can take the acknowledgment. Ask the closing attorney for the right certificate form, especially for registered land.
Can a Massachusetts real estate closing be done online?
The law contemplates remote closings, but Massachusetts notaries cannot yet perform remote online notarization. Check the Secretary of the Commonwealth's RON page for updates.
This guide from Boston Notary Co., a privately operated directory and not a government agency, is general information, not legal advice; confirm current law and procedures with the official sources linked above.