Warranty Deed Vs Deed Of Trust In Suffolk
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In Massachusetts, there are three types of property deeds used for real estate transactions: warranty deeds, quitclaim deeds and release deeds. Each type of deed in Massachusetts offers varying levels of protection and guarantees against flaws in the title of the transferred real estate.
The Quitclaim Deed: The “quitclaim deed” is the worst type of deed because it conveys no warranty whatsoever that the seller's title is good title or that there are no encumbrances on the property.
The quitclaim deed is the lowest and least desirable form of deed. It does not carry with it any after-acquired title. The words of grant for a quitclaim deed, "remise, release, and quitclaim", imply no covenants or warranties of title.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.
General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.
A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
Once you obtain the correct form, you must fill it in completely. Both the grantor and the grantee must sign it, usually in the presence of a notary. Then the deed must be filed in the county registrar's office to be legally enforceable.
To change a deed in New York City, you will need a deed signed and notarized by the grantor. The deed must also be filed and recorded with the Office of the City Register. Transfer documents identifying if any taxes are due must also be filed and recorded with the City Register.
General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.
