Whether you’re correcting a spelling mistake on the title, adding/removing a new owner, or conveying property to a family member, you can simplify the property transfer process via a quitclaim deed by following these steps.
Step 1: Gather All Relevant Documents
Find the current property deed containing the legal description. If you can’t locate the property deed, request one from your local Registry of Deeds Office. You may be required to pay a small fee of $1 per page for a certified copy of the deed.
Step 2: Consider Seeking Legal Assistance
Determine if you want legal assistance when completing your deed. While you can take on the task yourself, you may benefit from the input of an attorney with experience creating quitclaim deeds. Massachusetts classifies quitclaim deeds differently from most other states, so it’s essential to incorporate the proper language.
You may also ask the attorney for help conducting a title search to ensure that the title is free of any liens or encumbrances, as the quitclaim deed won’t carry a full warranty of title.
Step 3: Fill out the Quitclaim Deed Form
Provide all relevant information on the quitclaim deed form, including the name and address of both the grantor and the grantee and the legal description of the property. Ensure the deed outlines the conveyed warranties, including the limited nature of the warranty for quitclaim deeds in Massachusetts. Do not leave any blanks on the form, as incomplete information may render it invalid.
Step 4: Sign and Notarize
Only sign the form once you’re in the presence of a notary public. The grantor’s signature and the notary’s seal will satisfy the requirements in Mass. Gen Laws Ch. 183 § 29. You must show proof of identity, usually in the form of a government ID, when presenting the document to be notarized.
Step 5: File with the Registry of Deeds Office
According to Mass. Gen Laws Ch. 183 § 4, you need to file your quitclaim deed at the Registry of Deeds Office in the property’s county. If you need any copies of the deed, you should make them before submitting it. When you file your quitclaim deed, you must pay the $155 filing fee.
