What is a Quitclaim Deed in Massachusetts?
In Massachusetts, a quitclaim deed is used to transfer property from the current owner (“Grantor”) to a new owner (“Grantee”). It promises that there are no title issues during the Grantor’s ownership period, except for those mentioned in the deed. With a quitclaim deed in Massachusetts, the Grantor offers legal protection against title issues, but only for those that happened while the Grantor owned the property.
Quitclaim deeds in Massachusetts differ from those in other states because they provide a guarantee of the title’s quality, making them secure. In most states, quitclaim deeds are considered the least secure option.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Massachusetts?
The main difference between quitclaim deeds and warranty deeds is that warranty deeds guarantee that the Grantor has absolute ownership and that there are no title issues from the entire history of the property. They offer the most security.
On the other hand, quitclaim deeds only guarantee that there are no title issues from the time the Grantor owned the property.
Release Deed
In Massachusetts, a third type of deed, the “Release Deed,” offers the least amount of guarantee on the property’s title. With a release deed. the Grantor transfers whatever rights it has in the property, if any. There is no assurance of a clear title at all.
The choice between the three types of deeds depends on the specific circumstances of the real estate transaction and the level of trust between the parties involved.
How Do Quitclaim Deeds Work in Massachusetts?
Laws surrounding quitclaim deeds in Massachusetts State are found in Chapter 183 of the Massachusetts State General Legislature, titled Alienation of Land.
In Massachusetts, a quitclaim deed has specific language transferring the title from the Grantor to the Grantee, including the quitclaim covenants.
The quitclaim deed must be signed by the Grantor and filed at the Registry of Deeds where the property is located.
Can You Prepare Your Own Quitclaim Deed in Massachusetts?
You can prepare your own quitclaim deed in Massachusetts. A professional drafter is not legally required.
Massachusetts Quitclaim Deed Requirements
The quitclaim deed must follow certain state-specific rules to be legally valid in Massachusetts State.
Formatting Requirements
Formatting requirements for quitclaim deeds in Massachusetts include:
1. Print on white paper, print must be clear and reproducible.
2. Paper should be a maximum size of legal (8.5 x 14).
3. Recommended margins:
- First page: 3 inches top margin.
- Include a 3×3 inch blank space in the top-right corner for official use.
- 1-inch margins on all sides, remaining pages.
4. The document must be printed on one side only.
Content Requirements
Content requirements for quitclaim deeds in Massachusetts include:
1. Grantor’s name and address.
2. Grantee’s name and address.
3. Marital status of both Grantor and Grantee.
4. Include the title “Quitclaim” below the top margin.
5. Return name and address.
6. Drafter’s name and address.
7. The property address.
8. The property’s legal description must include one or more of the following:
- Specify the municipality where the land is situated.
- Clearly identify the land as a particular lot on a recorded plan.
- Provide a “metes and bounds” property description – this can be taken from a previous deed in the chain of title.
- Identify the property as the same property mentioned in a prior deed, including its book and page number.
- Include a statement if the deed doesn’t create any new property lines or boundaries.
9. English LanguageNon-English deeds must have a certified translation attached.
10. Consideration clause – the value or the amount of money exchanged.
11. Granting clause – a statement describing the transfer the parties have agreed to.
Who Signs a Quitclaim Deed in Massachusetts?
For a quitclaim deed to be legally valid in Massachusetts, it must be signed by the Grantor in the presence of a notary.
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
After January 2024, the signing and notarization of a quitclaim deed can be completed online and electronically, as per Massachusetts’s electronic records and digital signature policy.
How to File a Quitclaim Deed in Massachusetts
Here’s how to file a quitclaim deed in Massachusetts:
- Prepare the quitclaim deed with the information required.
- Ensure the Grantor signs the quitclaim deed, in the presence of a notary.
- File the quitclaim deed, along with the relevant information at the Registry of Deeds where the property is located.
How Much Does it Cost to File a Quitclaim Deed in Massachusetts?
In Massachusetts, counties charge a fee of $155 per instrument to file a quitclaim deed.
What Taxes Are Owed on Quitclaim Deeds in Massachusetts?
In Massachusetts, property transfers are subject to real estate transfer taxes.
An excise tax is imposed on deeds, instruments, or writings related to real estate transfers.
The tax rates vary based on the consideration amount:
- For consideration between $100 and $500, the tax is $2.28.
- An additional $2 for each additional $500 or fraction thereof.
Federal tax rules may also apply to Massachusetts quitclaim deeds.
How Long Does a Quitclaim Deed Take to be Recorded in Massachusetts?
The length of time to record a quitclaim deed in Massachusetts changes depending on the processes and population of each county.
What Happens After a Quitclaim Deed is Recorded in Massachusetts?
Once a quitclaim deed is submitted for recording in Massachusetts, it goes through a review at the Registry of Deeds Office.
Once the quitclaim deed is cleared, the county will process the document, creating a public record of the transfer of ownership.
How Long Are Quitclaim Deeds Valid For in Massachusetts?
There is no expiration for quitclaim deeds in Massachusetts State. However, the statute of limitations for breaching a written contract under seal is 6 years.
Sources
- 1 M.A.G.L. Ch.183 § Sec 17
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”Quitclaim covenants” or ”limited covenants”. In a conveyance of real estate the words ”quitclaim covenants” or the words ”limited covenants” shall have the full force, meaning and effect of the following words..
Source Link - 2 M.A.G.L. Ch.183 § Appendix
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(2) Quitclaim Deed. of ____, ____ County, ____ for consideration of ____ dollars paid, grant to ____ of ____ with quitclaim ____ covenants…
Source Link - 3 Register of Deeds: Indexing & Formatting Standards
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Massachusetts Registers & Assistant Registers of Deeds Association> Massachusetts Deed Indexing Standards 2018 January 1, 2018
Source Link - 4 M.A.G.L. Ch.188 § Sec 13
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A recorded deed, release, mortgage, affidavit or other instrument of conveyance .. if any, then entitled to claim an estate of homestead. … The subsequent residency or renewal of residency in the home by a grantor or spouse of the grantor, releaser or mortgagor shall not defeat the priority of a mortgage..
Source Link - 5 Indexing & Formatting Standards Chapter 9-4
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Sufficiency of Property Description
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A deed shall not be accepted for recording unless the property being conveyed is described “with such particularity as to make it capable of identification.” At a minimum, the description must include - 6 Indexing & Formatting Standards Chapter 15-1
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Foreign Language Documents. Translation Required. – (7-5) No document written in a language other than English shall be recorded unless it is accompanied by a certified translation into English.
Source Link - 7 M.A.G.L. Ch.183 § Sec 30
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Method of making acknowledgment. The acknowledgment of the execution of a deed or other written instrument required to be acknowledged… (a) If within the commonwealth, before a justice of the peace or notary public.
Source Link - 8 Mass. General Laws c.222 § 28
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a) A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public..
Source Link - 9 Registry of Deeds: Fee Schedule
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Document Type: Deed; Price – $155
Source Link - 10 M.A.G.L. Part 1, Title IX, Ch.64D (Sec 1)
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(Sec 1) Rate of taxation; instrument excepted. There shall be levied, collected and paid, for and in respect of the deeds, instruments and writings hereinafter mentioned … exceeds one hundred dollars and does not exceed five hundred dollars, two dollars; and for each additional five hundred dollars or fractional part thereof, two dollars; provided, however, that in Barnstable county, the excise tax herein”
Source Link - 11 M.A.G.L. Part III, Title X, Ch.260
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Section 2. Actions of contract, other than those to recover for personal injuries, founded upon contracts or liabilities, express or implied.. except as otherwise provided, be commenced only within six years next after the cause of action accrues.
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