Massachusetts general warranty deed

What a general warranty deed does in Massachusetts

A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.

When Massachusetts homeowners use a general warranty deed

• Sell a property directly to a buyer without an agent
• Transfer a property where the buyer expects full title protection
• Satisfy a purchase contract that calls for a warranty deed
• Convey property where a title company requires warranty covenants

What Massachusetts requires on the deed

These are the execution and formatting rules registries of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.

How to complete and record it in Massachusetts

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Registry of Deeds can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with Massachusetts's statutory language, the correct notary block, and the 3-inch first-page margin registries of deeds expect.
4. 4Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
5. 5Record it with the Registry of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
6. 6Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.

What it costs in Massachusetts

Massachusetts charges a deeds excise tax of $4.56 per $1,000 of consideration ($2.28 per $500). It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.

Exemptions that commonly apply to a transfer like this: transfers where consideration is $100 or less, transfers between spouses, and gifts with no consideration. You have to claim the exemption. The recorder won't apply it for you.

Where to record it in Massachusetts

Massachusetts deeds are recorded with the Registry of Deeds in the county where the property sits, not where you live. There are 21 counties in Massachusetts.

Most Massachusetts recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.

Recording offices we cover in Massachusetts: Middlesex South, Worcester, Suffolk, Norfolk, Plymouth, Essex South, Hampden, Middlesex North, Essex North, Bristol North, Barnstable. See all Massachusetts recording offices.

What a general warranty deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
• It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
• It does not avoid probate and cannot be revoked once delivered and recorded.
• Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.

Quirks of Massachusetts law that catch people out

• In Massachusetts, the QUITCLAIM deed, not the warranty deed, is the standard instrument for an ordinary sale. A Massachusetts quitclaim carries limited covenants and is roughly equivalent to a special warranty deed elsewhere. This surprises people moving from other states.
• Massachusetts charges a flat $155 recording fee for a deed no matter how many pages.
• Registry districts do not always match county lines. Several counties have both a northern and a southern district. Record in the district that covers the town.
• Massachusetts runs a Land Court registered-land system alongside recorded land. Check your prior deed to see which applies.
• Massachusetts does not recognize transfer-on-death deeds.

How to hold title in Massachusetts

When two or more people take title in Massachusetts and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Massachusetts: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.