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A Massachusetts warranty deed is a legal document used to transfer real estate ownership from one party (grantor) to another (grantee). In Massachusetts, a warranty deed provides the grantee with the highest level of protection among all types of deeds because it includes a complete warranty of title.
4) Covenant of Warranty ? The grantor covenants that the grantor will protect and defend the buyer against anyone who comes and claims a superior title to the property.
There are three kinds of deeds used for real estate transactions in Massachusetts: warranty deeds, release deeds, and quitclaim deeds. Each offers different types of protection and guarantees against any defects in the title that is being transferred in the transaction.
A covenant of the right to convey is also known as a covenant for seisin, and it promises that the grantor has an interest to be conveyed as well as the capacity to make the conveyance. Basically, it guarantees that a grantor actually owns and has the right to transfer a piece of real estate.
One of the three covenants of title in property law that affects future use, including the covenants of (1) quiet enjoyment, (2) warranty, and (3) further assurances.
Warranty Deed Rules and Requirements The name and address of the individual who prepared the deed. The name and address of the current owner (also called the grantor) The name and address of the new owner (also called the grantee) Original signature of the grantor (note: the grantee does not need to sign the deed)
An example would be if a buyer entered a covenant of seisin with a property owner only to find that their assets were being seized as part of a bankruptcy proceeding. In that case, the land or home that the buyer purchased would be considered part of the grantor's assets.
4) Covenant of Warranty ? The grantor covenants that the grantor will protect and defend the buyer against anyone who comes and claims a superior title to the property.