Will a declaration of homestead protect against title defects?

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Will a declaration of homestead protect against title defects?

I am about to buy a house. I am 64 and therefore can file a declaration of homestead providing protection of the total value of the property 375,000.00. Will the declaration of homestead protect against defects in my title or should I obtain title insurance?

Asked on May 7, 2019 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the homestead law and homestead declaration protects from levy on, liens on, etc. made against your home for your debts. It does NOT protect from pre-existing (i.e. existing as of when or prior to when you closed) defects in title of the property, or for liens on the property which predate your purchase. For that, you need to purchase title insurance.


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