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In the Commonwealth, conveyance of title to real estate may only be conducted by an attorney duly admitted to practice law in Massachusetts. The attorney is required to be an appointed notary public in accordance with Mass. General Laws, Chapter 222.
Fiduciary or Release Deed When a fiduciary deed is used in Massachusetts, the seller is conveying merely the interest he legally has in the property to the buyer, if he has anything at all. Through a fiduciary deed, there is no guarantee that the seller even has an interest.
What does a quitclaim deed do? A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property.
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.
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.
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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.
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.
A Massachusetts quit claim deed is used to legally transfer land and buildings in Massachusetts from a grantor (seller) to a grantee (buyer). A quit claim deed is different from a warranty deed in that it does not provide any warranty as to whether or not the title is clear before the grantor bought the property.
Massachusetts Personal Representative Deed of Distribution Information. A deed of distribution is a fiduciary instrument executed by a personal representative (PR), who is appointed by the Probate and Family Court to administer a decedents estate.
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.

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