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Massachusetts Deed Forms – Quit Claim, Release, and Special Warranty

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The Massachusetts deed forms are the legal documents needed to convey or transfer real estate in Massachusetts. The deeds come in different forms depending on the situation involved in the sale of the property. A general warranty deed provides a guarantee running from the seller to the buyer that the title to the property is clean and that there are no undisclosed conveyances. A quit claim, on the other hand, includes no guarantee as to the title. The special warranty only provides a guarantee from the seller to the buyer that the seller has not conveyed any interest in the property while he or she has held the property, but no guarantee as to what has happened before. In Massachusetts, the grantor must sign in the presence of a notary and the deed must be immediately filed by the grantee with the registry of deeds in the county in which the property is located.

LawsChapter 183 (Alienation of Land)

Recording – All deeds must be brought to the Registry of Deeds Office in the district where the property is located along with the Required Filing Fee.

Signing – Chapter 183, Section 29 – All deeds that are to be recorded in the State of Massachusetts must be acknowledged in the presence of a notary public.

Deed Types

General Warranty – This type of deed comes with a type of guarantee. Namely, the seller is guaranteeing that the property is free of any title defects and that there are no interests in the property other than what has been disclosed.

Quit Claim – This type of deed conveys property to the buyer with a limited guarantee as to the title. The grantor guarantees that he has not sold or conveyed any interest in the property since he has owned it, but does not guarantee anything before he or she acquired the property.

Release Deed – This type of deed, on the other hand, provides no guarantee as to the title. The grantor is only conveying that interest that he may or may not have in the property. It is imperative that a title search be completed prior to the purchase so that the buyer knows whether or not he has clean title.

Massachusetts Property Search

Before the sale of the property is complete, it is recommended that the buyer complete a search of the land records for the property in order to ascertain if there are any hidden interests in the property that may become a problem in the future. In Massachusetts, land records are held at the registry of deeds in the county in which the property is located. Below is a sample way to begin a search using the Middlesex South Registry of Deeds;

Step 1 – Go to this Webpage.

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Step 2 – At the top of the page, type in the last name of the grantor, select “both” and then click on “Advanced” and enter the town in which the property is located:

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Step 3 – You will be brought to a list of “hits” where you can see the history of the grantor and the property.

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Step 4 – You will want to keep going back on the transfers of the property. You will also want to try searching the address to make sure you don’t miss anything. To search the address, go to the main page and at the top click “search criteria” and pick “property search”.

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Step 5 – You will be brought to this page where you enter the street address and click on the town and click search.

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