This form is a Warranty Deed where the Grantor is an individual and the Grantees are two individuals. Grantor conveys and warrants the described property to the Grantees. Grantees take the property as tenants in common, joint tenants with the right of survivorship, or, if marrried, as tenants by the entireties. This deed complies with all state statutory laws.
Massachusetts Warranty Deed from One Individual to Two Individuals
Category:
State:
Massachusetts
Control #:
MA-019-78
Format:
Word;
Rich Text
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Description Massachusetts Special Warranty Deed
Free preview Special Warranty Deed Massachusetts
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FAQ
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
Today's question is is it possible to deed real estate to someone without them knowing it? Strictly speaking, the answer is no. Because it does not meet the acceptance element of a valid deed transfer. Us lawyers must learn to speak in elements because it governs everything that we do.
It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
A special warranty deed to real estate offers protection to the buyer through the seller's guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.
A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.
Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.
It will depend what state the property is in. For example, the minimum fee payable when changing the title to have someone removed from a property title in NSW is $133.48. This fee must be paid to the NSW Government Land & Property Information Department.