protecting a buyer from liens in selling a home

Hi,

I am interested in understanding the process in which Real Estate is
sold in the state of MA

Currently I do not understand two issues. I really want to understand
these issues.

The issues are this:
(1) how is a buyer protected from somebody filing a lien after a lien
search has been completed but before the new deed has been filed?
(2) how is a seller protected from a buyer withholding funds rightfully
due seller after a valid deed has been filed. I have proposed a
solution
but do not know if the law permits such a solution



here is a possible scenario:

seller agrees to a buyers offer

seller certifies he is sole owner and has no liens pending, no law
suits pending, etc. (assuming this provides a basis for bringing a law
suit against the seller if he lies)

buyer hires a title search company to ensure ownership is with seller
(redundant protection to confirm seller's certification statement and a
means for assigning risk upon failure of the title search company).

buyer hires an attorney to ensure no liens lawsuits or judgements are
pending ( redundant protection to confirm seller's certification
statement and a means of assigning risk upon failure of attorney).

closing takes place. in sequence:
seller provides buyer with a quitclaim relinquishing rights to
house on a conditional basis: the seller receives guaranteed funds in
a seller defined bank by a seller within the same day that buyer
registers mortgage release and new deed.

buyer provides seller with a (1) check made out to mortgage
company for payoff and
(2) deed to be registered

buyer gives check to mortgage company and receives a
registerable letter indicating
mortgage has been paid off

buyer, in sequence, files (1) mortgage company letter with
registery and (2) new deed and
obtains certified copies of both

buyer wires remaining sales price money to seller's bank.

NOW.....NOTICE THAT THE BUYER IS VULNERABLE from the time a search is
done indicating that liens have NOT been filed to the time the new deed
is filed. HOW IS THE BUYER PROTECTED?

The SELLER IS VULNERABLE if a conditional quit claim can not be created
and filed.

In this case, I am actually the seller of my property and merely desire
to understand the process. I like the buyer he me and neither are
interested in hurting the other...so there is no problem in this
specific instance, but it would be nice to know how the buyer is
protected when i am in his shoes in the near future. and how the seller
is protected in this specific instance.

Bil

.

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