A Massachusetts Deed refers to a legal document that officially transfers ownership rights of a property from one party (the granter) to another (the grantee). This document plays a crucial role in the real estate industry as it ensures proof of property ownership and protects the rights of both parties involved. Massachusetts recognizes various types of deeds, each serving specific purposes depending on the situation and desired outcome. Some common types of Massachusetts Deeds include: 1. General Warranty Deed: This type of deed offers the highest level of protection for the grantee, as it guarantees that the granter has clear and marketable title to the property, free from any undisclosed encumbrances or claims. In case any issues arise later, the granter is legally obligated to compensate the grantee. 2. Quitclaim Deed: A quitclaim deed transfers whatever interest the granter may have in the property to the grantee. Unlike a general warranty deed, a quitclaim deed provides no warranties or guarantees regarding the property's title. It is often used when there is a level of trust between the involved parties, as in cases of transfers within family members or between spouses during a divorce. 3. Special Warranty Deed: This type of deed is similar to a general warranty deed but with a more limited scope of protection. A special warranty deed guarantees that the granter has not done anything to negatively impact the title during their ownership, but it does not cover previous issues or claims that may have existed before the granter's ownership. 4. Trustee Deed: A trustee deed is used when a property is held in a trust. It grants the trustee the authority to transfer the property to another individual or entity, following the terms and provisions specified within the trust agreement. 5. Personal Representative Deed: When an estate is being administered, a personal representative (commonly referred to as an executor or administrator) may use this type of deed to transfer a property from the deceased owner to the appropriate beneficiary. The personal representative acts according to the terms of the decedent's will or state laws of intestacy. 6. Tax Collector's Deed: This deed is issued when a property is being sold at a tax sale due to the owner's failure to pay property taxes. The Tax Collector's Deed transfers ownership from the delinquent taxpayer to the purchaser, subject to any applicable redemption periods. In conclusion, Massachusetts Deeds are legal documents used to transfer property ownership. By understanding the different types mentioned above, individuals can determine the appropriate Massachusetts Deed to utilize in various real estate transactions, ensuring clear title and protection of rights throughout the process.
Massachusetts Deed
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Massachusetts law recognizes three types of deeds, each of which provides varying levels of protection for buyers and sellers. These three types are warranty deeds, quitclaim deeds, and release deeds.
Unlike a warranty deed, the quitclaim deed only covers encumbrances made by the grantor. It does not cover any preexisting encumbrances such as easements or restrictions set forth by the municipality.
The deed is the legal document that ?documents? change of ownership, i.e. the transfer of title from one owner to another. The title is not a physical object. It is more a concept which defines the person, more than one person, business or other entity who owns the property.
The grantor (seller) and the grantee (buyer) must be listed on all property deeds in MA. Even if the property is being transferred as a ?gift,? both names must be listed. The grantee's mailing address, as well as the address of the property, must be printed on the deed as well.
Simply, a deed is a written instrument that includes a legally enforceable promise to do something. These documents are commonly used to transfer real property ownership between individuals. There are three main types of deeds namely general warranty deeds, special warranty deeds, and quitclaim deeds.
Grantor Signature ? The signature of the person/persons/entity conveying the property; Acknowledgement ? Grantor signature must be acknowledged by a notary public; Recording ? Once executed and acknowledged, a deed should be recorded at the registry of deeds. The filing fee for a deed is $155, payable by cash or check.
General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.
You can find your property records online at the Secretary of the Commonwealth's Massachusetts Land Records website at MassLandRecords.com. Access is available to deeds, mortgages, plans, and other land records recorded in the various Registries of Deeds.