The Massachusetts quitclaim deed is a document used for property transfers. One person, called the grantor, issues this document to transfer the property to another person, called the grantee.
Unlike other types of deeds, the quitclaim deed has a simple form that enables the quick and easy transfer of the property. However, the quitclaim deed doesn't provide a warranty for the buyer. The grantor simply transfers their interests in the property without providing a guarantee that there are no other claims against it.
Therefore, the grantee should check the property title before obtaining the property through the quitclaim deed.
Quitclaim Deed Important Laws & Requirements in Massachusetts
Laws & Requirements
Statute: Chapter 183, Section 11
Signing requirements: The Massachusetts Statute requires the grantor to sign the quitclaim deed before the notary public. (§ 29)
Recording: The grantor must submit the quitclaim deed to the Registry of Deeds Office for registration.
Recording fees: Registry of Deeds Fee Schedule provides a fee of $155 for the quitclaim deed registration.
When to Use a Quitclaim Deed in Massachusetts
The simple form and lack of warranties make the quitclaim deed a good solution for certain use cases mentioned below.
#1. Title Modifications
The quitclaim deed can be used to make modifications and changes to the property title. The grantor can make changes to the title due to an error or if some information needs to be updated. The grantor can also use it to easily remove or add people to the property title.
#2. Property Transfer
The quitclaim deed is most commonly used for property transfers. This type of deed, however, does not provide any guarantees for the grantee. The grantor will not be responsible if the grantee later discovers any flaws with the property title. Therefore, the grantee must do due diligence and check the property title before purchasing it.
#3. Living Trust Transfer
The grantor can use this type of deed to simply transfer their property to the living trust. This kind of action doesn’t require any additional warranties, which makes the quitclaim deed a perfect solution.
How to Create a Quitclaim Deed in Massachusetts
#1. Fill Out The Form
When drafting the Massachusetts quitclaim deed, provide the basic information about the grantor and grantee, namely:
Their first and last names
If some of the parties are legal entities, this section should include the registered name, registration number, mailing address, and status (sole proprietorship, partnership, limited liability company, or corporation).
#2. Add the “Note Consideration”
The consideration provides information on what the grantee (buyer) owes to the grantor (seller) for transferring the property. Based on the consideration paid, the grantor pays an excise tax. The property can be transferred with or without consideration (as a gift).
The consideration can be presented as:
Forms of Consideration
Transfer of money
Default on debt
Provision of certain services
Any other type of countervalue
#3. Write the Legal Description
The legal description contains information that helps the parties individualize the property. It usually includes the plot number and the name of the governmental body in charge of the land registration.
In Massachusetts, the deed must contain a precise legal description of the property. The best way to find it is to look at the property title or the previous deed.
#4. Sign & Get it Notarized
The Massachusetts quitclaim deed must be signed before the notary public.
#5. File the Quitclaim Deed
Finally, the parties should file the quitclaim deed with the governmental body authorized for deed registration.
Where to File a Quitclaim Deed in Massachusetts
In Massachusetts, the parties should submit the quitclaim deed to the Registry of Deeds Office according to the location of the property.