When people aim to convey their real property to someone else, they need to provide legal support to the act. Several legally binding documents can accommodate this demand in Massachusetts: a Massachusetts Quitclaim Deed, general warranty forms, and a release deed. All these documents cover the issue of property transfer. Still, they differ slightly.
Traditionally, quitclaim covenants are limited in providing warrants to the title, which means that the grantee (or the purchaser) can be vulnerable if they don’t investigate the seller’s (or grantor’s) background and the premises they convey.
Unfortunately, in some cases, the grantor intentionally conceals that there are other individuals with interests regarding the property. To avoid such disappointments, ensure you find as much information regarding the property and the owner as possible.
Massachusetts quitclaim deed forms are mainly used by parties who know and trust each other and family members to adjust the title records.
This article will lead you through the focal aspects of quitclaim covenants and statutes that regulate the quitclaim process. We have also prepared a step-by-step guide on how to create and file a free fillable deed form.
In Massachusetts, quitclaim covenants are defined and regulated by Sections 11 and 29, Chapter 183 of the General Laws.
Following the demands stated in Section 29, Chapter 183 of the General Laws of Massachusetts, any quitclaim covenant must be acknowledged by the grantor and certified by a notary public. Unless this condition is satisfied, the free fillable quitclaim deed form is deemed invalid.
All preparers should report the quitclaim agreements at the Registry of Deeds Office. You are welcome to visit the official ROD portal to learn the guidelines and updated filing details. Remember to submit the papers in the exact location where the real property is situated.
Quitclaimers are expected to pay filing fees when submitting the documents. The amount charged is described on the ROD official site in the “Registry of Deeds Fee Schedule” section.
In Massachusetts, the grantor is responsible for creating and filing the quitclaim covenant. Begin the procedure by generating the required PFD file. The form contains the deed itself and two additional attachment sheets to submit the required property description and any encumbrances.
You are empowered to use our template-building software and to download the form and complete the paperwork effortlessly.
1. Identify the Recipient
Once the form is served and recorded at the Registry of Deeds Office, the recorder will mail the covenant back to the address indicated in this section. Thus, enter the recipient’s name and their mailing (living) address.
2. Define the Grantor
Usually, the recipient is the grantor. The preparer should enter the grantor’s information, including their legal name and domiciliary address, following the template requirements.
3. Specify the Amount Paid
Next, you are expected to fill in the amount provided by the grantee in exchange for the premises. The preparer should enter the full sum, excluding any deductions. If the consideration is not monetary, corresponding records should also be reflected in the agreement.
4. Identify the Grantee
Enter the legal name and address of the person to whom the real property is conveyed. Traditionally, this person is recognized as the grantee or the buyer.
5. Submit the Property Description Shortly
Next, the preparer should provide the property description. The deed offers two corresponding sections. State the property’s location in the main part of the agreement shortly. You are encouraged to describe the estate thoroughly in Exhibit B.
If the real estate has any incumbrances, specify these data in Exhibit A.
6. Describe the Property as Stated on the Record Books
Include an official description of the property conveyed as it is currently described in official documentation at the Registry of Deeds Office. Specify the record book, page, and document number.
7. Acknowledge the Document
The preparer should enter the current calendar date spelled out. They should then append their signature and full legal name. Make sure the quitclaim covenant is signed in the presence of a licensed notary public. Otherwise, the paperwork will be deemed invalid.
8. Notarize the Agreement
The Massachusetts Statutes require a notary public to acknowledge all quitclaim covenants. Let the notary representative enter their signature, name, and commission information. Also, the state seal and the calendar date should be placed.
9. Serve the Document to the Registry of Deeds Office
The preparer needs to know the guidelines and charges for the estate being transferred to file the Massachusetts quitclaim covenant. You are welcome to learn the inherent data from the state’s County Clerk of the very same area where the real property is situated.
Here are various other Massachusetts forms filled out by FormsPal users. Check out our step-by-step builder to personalize any of these documents to your requirements.