FAQs

For Real Estate Professional use only.

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Call the Customer Service Center at 781-461-6101.

There are two categories of land in Massachusetts, Recorded (Registry) and Registered (Land Court). All land is in one category or the other, but it is possible for a single parcel to include both types. Each system has its respective advantages and differences. Recorded Land (Registry) constitutes about 80% of the property in Norfolk County. Recorded Land (Registry) instruments, when accepted for recording, are assigned a book and page number. These instruments are then scanned into the computer, as well as being bound in book form. Recorded Land (Registry) instruments are mailed back to the party noted on the instrument. 

There are three types of plans people are usually concerned with; plot plans, mortgage surveys and plans of land. At the Registry we only have plans of land, i.e. the plan shows the dimensions of a lot of land but makes no reference to the buildings thereon. Plot plans and mortgage surveys are plans that show the buildings and their relation to the dimensions of the lot; these are never recorded because they do not meet the stringent surveying standards required for actual plans. If your deed makes reference to a plan of land recorded here at the Registry you may obtain a copy of that plan of land. 

The Registry has provided an informational sheet, Where has my Bank Gone?

Real estate titles are not like automobile titles in that the automobile title is held by the bank until the loan is paid. After the “Discharge of Mortgage” document (see 8 for an explanation) is filed and recorded, the Registry returns the document to the party who recorded it. Your deed should have been returned to you shortly after you purchased your home*. If it wasn’t, you can check with the attorney who did the closing or you can get a copy of your deed here at the Registry. A certified copy of your deed from the Registry has the same validity as the original document. *Should you have Registered Land/Land Court; (see 16 for an explanation), per MA General Laws, Registered Land/Land Court original documents are not returned.

When the consideration (purchase price) on a deed is for $100.00 or more the seller must pay an excise tax. The excise stamp was affixed to the deed and then cancelled to avoid the reusing of the stamp. Excise stamps are now printed on the deed and therefore no cancelled stamp is necessary.

Once you pay off your mortgage a Mortgage Discharge document will be prepared by the lender. The original discharge is often sent to the borrower, but is sometimes sent directly to the Registry. If the mortgage discharge is sent to you, you must record it here, either by mail or in person. The filing fee to record a Mortgage Discharge is $106.00.

Record title includes the records not only of the Registry of Deeds, but also the Registry of Probate. If the deceased left a will, property will 4 pass under the terms of the will. In the absence of a will, the property of the deceased person passes as intestate property in accordance with statutory provisions. In these cases there will not be a deed to the person inheriting the property. The title derives from the probate proceedings and documents.

To change a name on a deed you generally have to record a new deed. An individual cannot deed to him or herself. The transaction is void because there is no transfer of property, the same person remains the owner. If the deed is in your name alone, and you intend to remain the sole owner despite your change of name, there are two steps you must take. A deed to a third party (a straw deed) using your new name and a formerly known as (FKA) for your old name, must be filed and then a new deed back to you using your new name only. If the deed is in your name alone or has you and your spouse as owners and you intend to have both of your names on the deed, you only need to record one deed using FKA in the grantor clause and your new name in the grantee clause. It is complicated and the Registry strongly recommends that you consult with an attorney before filing a new deed.

To add someone to your deed you must create a new deed in which you convey to the new party and yourself. The new deed must then be recorded at the Registry of Deeds. To expedite the process of drawing a new deed, you should obtain a copy of your current deed, if you do not already have one. The Registry strongly recommends that you consult an attorney before filing a new deed. The filing fee to record a deed is $156.00 for Recorded (Registry) land or $155.00 for Registered (Land Court).  The Registry only accepts cash or checks.  All checks are made payable to the Norfolk County Registry of Deeds.

It should not be a problem. You don’t need an original deed to sell or refinance property. You can obtain a copy from the Registry of Deeds. A certified copy of your deed has the same legal effect as the original.

You can request a copy of your deed or any other instrument/document in person or by mail. The price for copies requested by mail is $2.00 for the first page and $1.00 for each additional page. Copies ordered in person are $1.00 per page. Please include the title reference (book and page or document number) of the deed you are looking for, if you have it. If you do not know the title reference please list the owner’s name, street address and town where the property is located. Questions can be directed to the Customer Service Center at 781-461-6101. 

If you held the property with your spouse as tenants by the entirety or joint tenants you should file a certified copy of the death certificate. The death certificate becomes part of the chain of title, but the deed remains the same. If you held the property as tenants in common your spouse’s estate will have to be probated. In the case of registered land, a certified copy of the death certificate and an affidavit of no divorce should be filed in the Land Court if the property is held as tenants by the entirety. The filing fee to record each document is $106.00 for Recorded (Registry) land or $105.00 for ( Registered) Land Court land.

The Homestead Act protects home ownership from execution and forced sale, so long as the owner or a covered family member occupies or intends to occupy the property as his or her principal residence.