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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.
Recording All deeds must be brought to the Registry of Deeds Office in the district where the property is located along with the Required Filing Fee. Signing (M.G.L.A. 183 29) All deeds that are to be recorded in the State of Massachusetts must be acknowledged in the presence of a notary public.
Who prepares the Deed of Sale? The deed of sale is drafted by the seller and it includes the details of the transaction. The document should then be docHubd by a lawyer, otherwise, it will have no power when presented to authorities or court.
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.
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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General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantors ownership and a legal right to sell.
In Massachusetts, there are three types of property deeds used for real estate transactions: warranty deeds, quitclaim deeds and release deeds. Each type of deed offers varying levels of protection and guarantees against flaws in the title of the transferred real estate.
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.
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.
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.

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