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The quitclaim deed is the most commonly used deed in the purchase and sale of residential property in Massachusetts. It plays a fundamental role in the types of assurances the seller makes when transferring its rights, and in how the buyer takes title.
Both buyer and seller must sign a deed to make it official. 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.
Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circumstances. These include transferring real estate between close family members, for instance, from a parent to a child.
Washington Quit Claim Deed Form Summary The Washington quit claim deed form gives the new owner whatever interest the current owner has in the property when the deed is signed and delivered. It makes no promises about whether the current owner has clear title to the property.
With a quitclaim deed, the grantor does not cover any preexisting encumbrances on the property, such as restrictions or easements. The quitclaim deed only guarantees the grantor will defend any legal claims to the title during the grantors ownership, but not any made prior to ownership under Massachusetts law.
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No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
Definition of quitclaim 1. the release or relinquishment of a claim, action, right, or title. 2. a deed or other legal paper in which a person relinquishes to another a claim or title to some property or right without guaranteeing or warranting such title.
How to Write File a Quitclaim Deed in Massachusetts Step 1 Obtain Massachusetts Quitclaim Deed Form. Step 2 Fill in Preparers Details. Step 3 Write Return To Address. Step 4 Note Consideration. Step 6 Enter Grantors Information. Step 7 Fill in Grantees Details. Step 8 Note Property Legal Description.
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.
With a quitclaim deed, the grantor does not cover any preexisting encumbrances on the property, such as restrictions or easements. The quitclaim deed only guarantees the grantor will defend any legal claims to the title during the grantors ownership, but not any made prior to ownership under Massachusetts law.

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