The Real Estate Bar Association has garnered support from the attorney general and other groups in its suit against a national title services company.
The Massachusetts Bar Association and the New England Chapter of the American Immigration Lawyers Association have filed amicus briefs to back REBA.
REBA sued the National Real Estate Information Services (NREIS) in 2006, alleging part of its business is illegal in the Bay State. NREIS arranges title searches and other aspects of the conveyancing process for mortgage lenders, including subcontracting local attorneys to supervise closings. REBA alleged the title conveyancing services the group provides amount to the unauthorized practice of law in Massachusetts. As NREIS is based in Pennsylvania, the case was heard in federal district court which ruled against REBA in 2009, awarding NREIS more than $900,000 in attorney’s fees and costs.
REBA appealed, and earlier this year the federal court of appeals overturned the district court’s ruling, saying that Massachusetts state law was unclear on the question of whether NREIS activities amounted to the practice of law and that Massachusetts’ Supreme Judicial Court should decide that question.
Arguments in the case will be heard by the Supreme Judicial Court early next month. REBA has been working to assemble a coalition of support "non-stop since June," said Peter Wittenborg, the group’s executive director.
Wittenborg said he is pleased with the "strong" brief submitted by Attorney General Martha Coakley’s office. The brief argues that "in matters that involve assessment of important legal rights and obligations, such as the creation, transfer or termination of legal interests in real property, it is appropriate and necessary to limit those activities to members of the bar," and that current Massachusetts law reflects a clear intention by the Legislature to have attorneys participate in key aspects of the conveyancing process such as the analysis of title defects.
A spokeswoman for the attorney general’s office declined to comment on the brief. NREIS did not return calls for comment by press time.
REBA hopes to attract several more supporters to its coalition by the end of the week, Wittenborg said.
