Barnstable Registry of Deeds Frequently Asked Questions 1. HOW DO I OBTAIN A COPY OF MY DEED? 2. WHAT DO I NEED TO DO AFTER I HAVE PAID OFF MY MORTGAGE? 3. HOW DO I CHANGE TITLE TO REGISTERED LAND? 4. HOW DO I CHANGE TITLE TO RECORDEDED LAND? -------------------------------------------------------------------------------- HOW DO I OBTAIN A COPY OF MY DEED? To obtain a copy of your deed please send $2.50 together with the book and page reference or document number reference of the deed you are looking for to P.O. Box 368, Barnstable, MA 02630. If you do not know the title reference please list the owners name, street address and town where the property is located. Do not forget to note your return address on your request. All requests for copies or must be prepaid. The Registry of Deeds cannot do a title search for you. If you are looking to research a title or need copies of more than just your deed you can contact an independent title examiner. There are many people who make their living doing title examinations who are at the Registry every day. You can reach one of these individuals by calling 508-362-7733 x 4 and asking for the “examiner of the day.” WHAT DO I NEED TO DO AFTER I HAVE PAID OFF MY MORTGAGE? Congratulations! You have paid off your mortgage. In order to clear your property title of the mortgage you need to record the discharge of mortgage document you received from the bank with the Registry of Deeds. After paying off your mortgage you should have received a one or two-page document from the mortgagee (bank) entitled “Discharge of Mortgage” or “Satisfaction of Mortgage.” That discharge document needs to be recorded with the Registry of Deeds in order to clear your title of the mortgage. We cannot accept a copy of the discharge; we must have the original. You can mail in the discharge or come in person to record the document. The mailing address is Barnstable County Registry of Deeds, P.O. Box 368, Barnstable, MA 02632. There will be a recording fee to file the discharge. If your discharge refers to a book and page number (recorded land) the recording fee will be $30.50 until 7/14/03, when the fee will be $75.50. Before mailing in the discharge write your name and return address on the back of the discharge and the original will be returned to you in four to six weeks. Also, if the discharge does not already refer to the street address of the property being discharged you should write the street address and the town in the left-hand margin of the discharge. If your discharge refers to a six-digit document number (registered land) the recording fee will be $50.00 until 7/14/03, when the fee will be $75.00. We keep the original document as a permanent record so if you want a copy of the registered document, you should include an additional $1.00 per page and self addressed stamped return envelope. Also, if the discharge does not already refer to the street address of the property being discharged you should write the street address and the town in the left-hand margin of the discharge. Please note that if your mortgage was noted on more than one certificate of title the fee will be $75.00 for each certificate. HOW DO I CHANGE TITLE TO REGISTERED LAND? If you own property and you want to transfer ownership to someone else or if you want to retain an ownership interest and grant a part ownership to someone else you need to do that by preparing and executing a new deed. You cannot do this through a phone call to us or by a letter or by crossing out and/or adding names to your old deed. We at the Barnstable County Land Court cannot prepare the deed for you, we do not have deed forms, nor can we advise you as to whether the deed you present to us will have the effect of doing what you tell us you want it to do. All we can do is to examine the deed to determine if it meets the legal requirements for registration. If a deed meets the basic legal requirements for registration and the proper fee is presented a deed will be accepted for registration. Please be advised that once a deed is accepted for registration it cannot be removed from the public record. We urge you to seek the advice of an attorney before registering a deed because the consequences of a mistake can be significant. Under Massachusetts law a deed conveying registered land (land court land), in order to be accepted for registration, must include the following: (See M.G.L. Ch. 185 Sec. 61, 61A and M.G.L. Ch.183 Sec. 6 and 29). The name(s) of the grantor(s). The name(s) of the grantee(s). The residence and post office address of at least one grantee. A recital of the amount of the full consideration in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. Full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. Acceptable examples of statements of consideration if not for a specific dollar amount are: Nominal non-monetary; Less than $100.00; Love and affection; Estate planning; Dissolution of a business or marriage; No consideration. Unacceptable examples of statements of consideration if not for a specific dollar amount are: No monetary consideration; Good and valuable consideration; Such that no documentary stamps are required; For consideration paid. A property description that states the lot number, the Land Court Plan the lot is shown on and the grantor’s certificate of title number. The street address of the property, where applicable. Time-share deeds do not need a street address noted. Signatures of all of the grantors. At least one signature must be acknowledged (notarized). See the recording fee section of this web site for information on fees and calculating excise taxes. REMEMBER: A DEED IS A LEGAL DOCUMENT, CONSULT AN ATTORNEY BEFORE RECORDING A DEED. HOW DO I CHANGE TITLE TO RECORDED LAND? If you own property and you want to transfer ownership to someone else or if you want to retain an ownership interest and grant a part ownership to someone else you need to do that by preparing and executing a new deed. You cannot do this through a phone call to us or by a letter or by crossing out and/or adding names to your old deed. The Barnstable County Registry of Deeds cannot prepare the deed for you, they do not have deed forms, nor can they advise you as to whether the deed you present to them will have the effect of doing what you tell them you want it to do. All they can do is to examine the deed to determine if it meets the legal requirements for recording. If a deed meets the basic legal requirements for recording and the proper fee is presented a deed will be accepted for recording. Please be advised that once a deed is accepted for recording it cannot be removed from the public record. Seek the advice of an attorney before recording a deed because the consequences of a mistake can be significant. Under Massachusetts law a deed conveying recorded land, in order to be accepted for recording, must include the following: (See M.G.L. Ch. 183 Sec. 6, 6A, 6B and 29). The name(s) of the grantor(s). The name(s) of the grantee(s). The residence and post office address of at least one grantee. A recital of the amount of the full consideration in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. Full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. Acceptable examples of statements of consideration if not for a specific dollar amount are: Nominal non-monetary; Less than $100.00; Love and affection; Estate planning; Dissolution of a business or marriage; No consideration. Unacceptable examples of statements of consideration if not for a specific dollar amount are: No monetary consideration; Good and valuable consideration; Such that no documentary stamps are required; For consideration paid. A property description that (a) indicates that the land conveyed is the same as described in or conveyed by prior recorded instruments identified sufficiently to locate the place of recording within the registry, or states the instrument does not create any new boundaries, or (b) the instrument identifies the land conveyed either by reference to a plan or plans previously recorded in the registry of deeds and identified sufficiently to locate the place of recording therein, or by reference to a plan or plans recorded with the conveyance. The street address of the property, where applicable. Time-share deeds do not need a street address noted. Signatures of all of the grantors. At least one signature must be acknowledged (notarized). See the recording fee section of this web site for information on fees and calculating excise taxes. REMEMBER: A DEED IS A LEGAL DOCUMENT, CONSULT AN ATTORNEY BEFORE RECORDING A DEED.