Transfer of Title, Deeds, and Closing
Deeds and recording
A deed needs a writing, identified parties, a granting clause, a legal description, consideration, the grantor's signature, and an acknowledgment before a notary for recording. Delivery and acceptance complete the transfer. A quitclaim deed conveys whatever interest the grantor has with no covenants; a warranty deed carries covenants of seisin, against encumbrances, quiet enjoyment, further assurance, and warranty. Recording protects against later purchasers for value without notice, so prompt recording matters.
The Massachusetts closing
Attorneys conduct closings in Massachusetts. Expect a title search and title insurance, a Municipal Lien Certificate covering taxes and municipal charges, and a smoke and carbon monoxide detector certificate from the local fire department. Transfer tax is paid by deed excise stamps at $4.56 per $1,000 of consideration, and Barnstable, Dukes, and Nantucket counties add a 2 percent land bank fee. Condominium sales require a certificate of the unit owners' association. Prorations cover taxes, rents, and fuel; the buyer should complete a final walk-through.
Traps
Deed excise tax is based on consideration, not on the mortgage amount, so a question describing an assumed mortgage and a small cash payment should use the total consideration. Other traps: 'A deed is valid without delivery' (false); 'Recording cures a forged signature' (false); 'A quitclaim deed gives no title at all' (false, it conveys whatever the grantor owns).
Rule of thumb
$4.56 per $1,000 means roughly $456 per $100,000 of price.