Title & Closing: The NH vs. MA Showdown

If you are moving across the border from Massachusetts to New Hampshire, you might be surprised to find that the "closing table" looks a bit different. While the goal is the same—transferring the deed—the process reflects the distinct "Live Free or Die" culture of the Granite State.

The Role of the Title Company

In Massachusetts, real estate closings are almost exclusively handled by attorneys. In New Hampshire, while attorneys are often involved, Title Companies take center stage. They perform the title search, issue title insurance, and act as the escrow agent for the transaction.

Key Differences Every Buyer and Seller Should Know:

• Transfer Tax: New Hampshire has a hefty real estate transfer tax ($0.75 per $100 of the sale price). Traditionally, this cost is split 50/50 between the buyer and seller. In MA, the seller usually pays the "tax stamps."

• Homestead Protection: In NH, the Homestead Exemption is automatic for your primary residence (currently $120,000 for an individual or $240,000 for a married couple). In MA, you often have to file a specific "Declaration of Homestead" at the Registry of Deeds to get the full $500,000 protection.

• The "Witness" Rule: New Hampshire deeds require a specific formatting style and must be witnessed and notarized. NH is also a "Race-Notice" state, meaning whoever records a valid deed first at the County Registry (like Rockingham or Merrimack) generally has the superior claim to the property.