Massachusetts Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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Description

A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of property and asks for a ruling that plaintiff's title is superior to any interest held or claimed by any of the named defendants. It is a mechanism to cure defects in the title to property, thereby providing assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title and accuracy of the real property records.


Although a deed expresses the intention of the parties, if there is a material mistake, a court of equity may grant appropriate relief. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Use the confirmatory deed to correct an error in a warranty or quitclaim deed in Massachusetts. A corrective or confirmatory deed is in effect an explanation and correction of an error in a prior instrument and passes no title.

Recording Requirements: Massachusetts General Law Chapter 183 § 4: Quitclaim deeds must be filed with the Registry of Deeds Office in the county where the property is located. Each Registry of Deeds Office charges a filing fee, which must be filed along with the deed. Transfer Tax: Yes.

To reform or change a deed, the parties to the deed must bring a legal action before a circuit court requesting that the court ?fix? the deed by issuing a judgment or order stating the original intent of the parties, and what needs to be legally changed.

A Massachusetts deed must be recorded in the registry of deeds that covers the recording district where the property is located. Most recording districts are organized at the county level, so that all real estate in a county is recorded with that county's registry of deeds office.

A deed of conveyance ? such as a quitclaim or warranty deed ? is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the buyer as well as the seller who is being removed from the title and deed.

How do I add or remove a name on my present deed? To change the ownership on a property you will have to prepare a new deed which conveys the property to the intended owners and record that new deed at the Registry of Deeds.

The statute contemplates three types of scrivener's errors: (1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot; (2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or.

The person whose name you want to remove must sign a new deed that conveys their interest in the property to someone else (you, most likely).

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Massachusetts Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees