10/18/2011
In a bulletin from Stewart Title’s national legal services department sent to multi-state agents and policy issuing offices nationwide, Stewart Title instructed all agents to follow the Supreme Judicial Court’s decision in REBA vs National Real Estate Information Services, Inc., requiring not only the presence but the substantive participation of an attorney on behalf of the mortgage lender, and advising that certain services connected with real property conveyances constitute the practice of law in Massachusetts.
“This is a major breakthrough for REBA and Massachusetts lawyers,” Bob Moriarty, Co-chair of the Association’s Practice of Law by Non-Lawyers Committee, said. “A national title insurance underwriter has, for the first time, acknowledged our position on witness closings and the need for substantive participation by an attorney. We applaud Stewart’s home office and Massachusetts staff, particularly regional manager Steve Dinsmore who led this effort.”
“We expect every other national underwriter to follow Stewart’s leadership to eliminate witness or notary closings in the Commonwealth once and for all.” Doug Salvesen, REBA’s counsel, said.