A Massachusetts (MA) Quitclaim Deed is used to legally transfer property in Massachusetts from the seller (grantor) to the buyer (grantee).
With this type of deed, the grantor guarantees that the title is free from all encumbrances made by the grantor but does not guarantee the title is clear before the grantor took ownership, so the grantee should perform a title search or only enter into this deed with a trusted individual.
Sometimes quitclaim deeds are mistakenly called “quit claim deeds,” “quit claims deeds,” or “quick claim deeds,” but these are all the same document.
A warranty deed is different. It provides a warranty that the grantor has the right to transfer the property’s title and that the title is good and clear of encumbrances and claims.
Important Laws & Requirements
The following are important laws and requirements for Massachusetts Quitclaim Deeds.
Laws
Massachusetts General Law Chapter 183 § 11
Recording
Per Massachusetts General Law Chapter 183 § 4, quitclaim deeds must be filed with the Registry of Deeds Office in the county where the property is located.
Filing Fee
Each Registry of Deeds Office charges a filing fee, which must be filed along with the deed.
Transfer Tax
Per Massachusetts General Law Chapter 64D § 1, there is a state transfer tax, sometimes called deed stamps or excise tax.
For most Massachusetts counties, the effective tax rate is $2.28 per $500 of taxable value. There is no transfer tax if the consideration is less than $100.
Signing
Per Massachusetts General Law Chapter 183 § 29, a quitclaim deed in Massachusetts has to be signed by the grantor in the presence of a notary public.
How to Write & File a Quitclaim Deed in Massachusetts
Step 1 – Obtain Massachusetts Quitclaim Deed Form
Find the appropriate deed form and download it to your computer.
Step 2 – Fill in Preparer’s Details
Have the preparer record their name and address in the page’s top left-hand side section.
Step 3 – Write ‘Return To’ Address
Record the return address and the name of the person who will receive the deed after it is recorded. This goes under the document preparer’s section.
Step 4 – Note Consideration
Next, write the amount paid, if any, for the property. In the first blank space, write the value in words. After that, write it in numbers with a dollar sign.
Step 6 – Enter Grantor’s Information
Write the grantor’s full name, address, city, and state.
Step 7 – Fill in Grantee’s Details
Write the grantee’s full name, address, city, and state.
Step 8 – Note Property Legal Description
Enter the county where the property is located. Then add the legal description of the property. If you need to attach further documentation, write the name of the documents attached.
Step 9 – Get Quitclaim Deed Notarized
Have the grantor sign the document in the presence of a notary public. Under the signature, the grantor should print their name. The notary should notarize the document.
Step 10 – Register Your Quitclaim Deed
Register the Massachusetts quitclaim deed form with the Registry of Deeds Office. Pay the filing fee charged by the county.
Massachusetts Quitclaim Deed Sample
Below, you can find what a Massachusetts quitclaim deed typically looks like: