Here are some answers to commonly asked questions:
What Is The Registry Of Deeds?
A Registry of Deeds is the place where all transactions of a Real Property nature are recorded so that the public is made aware of their existence. Deeds, mortgages, tax liens, water liens, declaration of homestead, and many other kinds of documents regarding the title and ownership of real estate are noted permanently in official records.
Who Runs The Registry?
The Registry of Deeds is a division of the Massachusetts Secretary of State. A person called the Register of Deeds administers the Registry along with assistants and recording clerks.
Who Is The Register?
The Register is an elected official whose term is for six (6) years and who makes certain that documents are recorded properly. She also serves as the Assistant Recorder of the Land Court. She is responsible for maintaining all the land records in an accurate and correct form. The present Register is SherrLynn M. Mello
What Is A Deed?
A Deed is a written document by which the buyer obtains record title to real property. There are several types of deeds. The most common types in this area are Quitclaim or Warranty Deeds. In a Quitclaim Deed, the owner states that he/she has not encumbered any debts or liens against the title but is unwilling to state that his/her predecessors did not do the same. In a Warranty Deed, the owner warrants that he/she has not encumbered any debts or liens against the title and guarantees that his/her predecessors did not encumber the title.
What is the Homestead Act?
An estate of homestead is a type of protection for a person’s principal residence. There is an automatic homestead protection of one hundred and twenty-five thousand dollars ($125,000) with respect to a home that does not declare a homestead exemption with the Registry of Deeds. This automatic protection may be sufficient to protect a deposit made upon the estate; however, it is not likely to be sufficient coverage to protect the full value of your home. In order for homeowners in Massachusetts to protect the value of their property up to five hundred thousand dollars ($500,000) per residence, per family, you must file a document called a “Declaration of Homestead”. The form is filed at the Registry of Deeds in the county or district where the property is located, referencing the title/deed to the property.
I Lost my Deed What do I do?
The recording of the deed at the Registry of Deeds is a notice to the world as to ownership. If you lost your deed, you can find a printable copy on our website newbedforddeeds.com or get a certified copy here at the registry or by mail. A certified copy of your deed has the same legal authority as the original itself. Copies are $1 per page.
How can I get a copy of my Deed?
The Bristol County Registry of Deeds, Southern District provides copies of deeds to homeowners. You can obtain a copy of your deed or any other document either on our website, by mail, or in person here at the registry the cost is $1 per page.
My Spouse died. How do I take His/Her name off the Deed?
Once recorded a deed is never changed at the Registry, instead a new document is put on record that changes the meaning of the earlier document. In the case of the death of a spouse, recording a Death Certificate provides public notification that one of the owners of a property is deceased and if so written the remaining person on the deed is the sole owner.
**It is advised to consult with an attorney
How do I add/remove a name from a Deed?
To change ownership on a property a new deed needs to be recorded. Although a homeowner has the legal right to create his own deed it is not advisable. This is a complicated procedure and the Registry strongly recommends that you consult with an attorney before filing a new deed.
I paid off my mortgage and the bank sent me a Discharge of Mortgage, what do i do with it?
First, real estate titles are not like automobile titles in that the automobile title is held by the bank until the loan is paid. In order to make public notification that you have paid your mortgage off, you need to bring the original Discharge of Mortgage provided by the bank to the registry of deeds along with either cash or a check in the amount of $107.00. All documents including deeds are mailed back in about 1-2 weeks after recording . The Registry will record the Discharge and return it to you. If you have Registered Land the Discharge will remain at the Registry of Deeds.
Can I get a copy of my Plot Plan at the Registry?
No, unfortunately, Plot Plans are usually not recorded. But in many cases, the Registry of Deeds has a copy of your Plan of Land. The Difference is a Plot Plan is specific to your house and shows your foundation with dimensions and set-backs. A Plan of Land usually shows many lots without foundations.
Someone owes me money, How do I put a lien on their property?
Generally, putting a “lien” on someone’s property requires that you file a lawsuit and get a Writ of Attachment or an Execution issued by a Court, which you would have recorded at the Registry of Deeds by the Sheriff’s Office. If the money is owed to you as payment for goods and services performed on a building or real estate, you may be able to create a “mechanic’s lien”. The procedure for doing this is set out in Massachusetts General Laws Chapter 254. The “mechanic’s lien” law has some strict procedural deadlines, so read it carefully. Registry personnel cannot help you with this so you are advised to seek the help of an attorney.
What is the difference between Recorded and Registered Land?
Recorded Land is the most common form of land recording in Massachusetts. Recorded Land is identified by a reference to a Book and Page number in the document. Registered Land has gone through a Land Court Registration and Decree process. Registered Land is identified by a reference to a document number or certificate of title number in the property description. The “Land Court” or “Registered Land” Department is a separate unit from the regular or “recorded land” section of the Registry of Deeds. Requirements for recording a Registered Land Document are very strict and fall under the rules of the Land Court in Boston.
I am doing historical research and would like to know when my house was built
Bristol County Registry of Deeds, Southern District has land records starting in 1837. We do have copies of the old Taunton records dating back to 1685. Records at the registry of deeds are primarily concerned with ownership of land and not what is built upon the land. For the most part there are no records at the registry of deeds that would tell you precisely when your home was built. The best you can do with our records is draw inferences from the various deeds and other documents. For instance, if someone bought the property for $1000 and a year later sold it for $5000, you could infer that something had been built upon it in the interim. Also some deeds contain the words “and buildings thereon” pertaining to the transfer. If a prior deed does not contain these words, once again you could infer that something was built on the land sometime during the interim between the two deeds. We recommend that you check with the water department or building department in the town you’re researching to see when water was turned on or when building permits were issued.
Releasing Estate Tax Liens
Real property in Massachusetts is subject to a lien for estate taxes upon the death of anyone who has a legal interest in the property. For a majority of estates, there is no estate tax actually due, but unless a release of estate tax lien form is filed with the Registry of Deeds, there is a claim against the title of property owned by the decedent for ten years following his or her death.
The procedure for releasing the Massachusetts estate tax lien varies depending on whether an estate tax return is required and the date of death of the property owner.
Whom Do I Talk To In The Registry Of Deeds About Matters Of This Sort?
The clerks at the Document Receiving Counter in the Registry of Deeds will help in answering any questions you may have. The clerks, however, are not attorneys and cannot give legal advice. They are willing, however, to give ministerial advice and assist you with your non-legal, registry-related problems.
May I Make Out My Own Deed?
Yes, you may, but deeds are legally binding documents that affect the rights of the parties to the deed and also their heirs, successors, and assignees. Knowledge of legal principles is very important in the preparation of a deed. The Registry is a recording agency and therefore, cannot make out deeds or answer those questions that pertain to legal matters. We advise you to consult a lawyer.
What Happens To My Deed When It Arrives At The Registry?
When any document is brought in to be recorded, there are many steps that are taken before it is returned to the concerned party. The information on the document is first abstracted into grantor and grantee indices. The document is then scanned immediately, and the scanned images are compared with the original document for accuracy. The original document is returned to the party that presented the document for recording. Within minutes, it is available on our website https://www.masearchsb.com/masearchsb
What Is The Stamp Attached To A Deed?
The Commonwealth of Massachusetts derives revenue from the sale of real estate through the sale of state tax stamps. The amount of the excise tax stamp differs from time to time depending on the action of the State General Court. The stamp tax is usually paid by the sellers and the buyer is responsible for paying for the recording fee for the documents being recorded. The registry collects the monies and forwards that to the County/State.
What If I Don’t Recall When My House Was Purchased? How Do I Find The Deed?
If you can’t remember the date the house was purchased, you can contact the Assessor in the city or town where the property is situated. They will relay the year and then you can proceed to find the deed as previously indicated at https://www.masearchsb.com/masearchsb
How Far Back Do The Registry Records Go?
Registry records for Bristol South date back to 1837, and the Taunton Records date back to 1686. All these records are available at the Registry. All indices are available online at www.newbedforddeeds.com
How Current Are The Records In The Registry Of Deeds?
All essential index information is entered into the Registry database and is immediately available through the public access terminals and on our website at www.newbedforddeeds.com
What Other Kinds Of Records Would I Find In The Registry?
Besides Deeds, Mortgages, Liens, Tax liens, Homesteads, Discharges, Easements, Restrictions, Plans, Assessors maps, for the city and towns covered by the Bristol South Registry.
