https://uww.wfgnationaltitle.com/api.php?action=feedcontributions&feedformat=atom&user=LisastillWFG Wiki - User contributions [en]2026-04-23T11:08:10ZUser contributionsMediaWiki 1.31.0https://uww.wfgnationaltitle.com/index.php?title=Church_Property&diff=6522Church Property2022-08-09T21:33:40Z<p>Lisastill: Add church requirements for conveyance of property from United Methodist Church</p>
<hr />
<div>Determining who can convey church property (sometimes even when held in a holding corporation) can be difficult and depends on church law rather than state law. Below is an excellent resource on the forms taken by various churches and Florida citations where applicable.<br />
<br />
From Fund Title Notes<br />
TN 6.02.01 Representative and Congregational Plans of<br />
Government — List (Rev. 12/11)<br />
<br />
Proper disposition of church property depends on the form of church government. There exist two basic types of governance which are largely determinative in such matters. <br />
<br />
One type of governance is variously called hierarchical, connectional, representative, republican or episcopal; the other is called congregational or independent. <br />
<br />
In a hierarchical or connectional system, the parent body has the right to control the property of the local affiliated churches, even if title is taken in the names of trustees for the local affiliated church, in the name of the local affiliated church, or in the local church’s corporate entity. ''Full Gospel Temple of Tallahassee v. Redd'', 82 So.2d 589 (Fla. 1955); ''Rekas v. Polish National Catholic Church, Western Diocese,'' 102 So.2d 705 (Fla. 1958); ''St. John’s Presbytery v. Central Presbyterian Church'', 102 So.2d 714 (Fla. 1958); ''New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc.'', 147 So.3d 25 (Fla. App. 1st DCA). <br />
<br />
In a congregational or independent system, the local affiliated church has the right to control the property and often treats property as vested in the congregation.<br />
<br />
An example of the consequence of the distinction in form of governance is the secession of the local church from the parent. If representative in form, the congregation is free to secede but the property belongs to and remains with the parent. If congregational, because the local church owns the property, when it secedes the property continues to belong to the local church not the parent. Which form of governance applies to a religious denomination and local church is a factual question for determination on a case-by-case basis following the “deference approach” to resolving interchurch disputes. See ''New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc.'', 147 So.3d 25 (Fla. App. 1st DCA).<br />
<br />
These questions come up with enough regularity that many churches and sects post their property guidance, constitutions, bylaws, etc. online. Reviews of those are critical to determining church authority questions. <br />
<br />
**[https://www.pcusa.org/site_media/media/uploads/oga/pdf/2019-23-boo-elec_010621.pdf Presbyterian Church (USA) Book of Order 2019-2023]<br />
<br />
Please add additional links as other forms of church governance are researched<br />
<br />
In determining the sufficiency of the title involving a church, whether the church has a congregational or representative form of church government must be decided. Below is a list of churches, their forms of church government, and references to discussions of the form of church government.<br />
<br />
*African Methodist Episcopal Church — representative in form — Annot. 52 A.L.R. 3d 324, at 411 (1973).<br />
*AME Church- representative in form- Bethel AME Church of Newberry, Florida v. Domingo, 654 So.2d 233 (Fla. 1st DCA 1995).<br />
*Assembly of God Church — form not determined — Annot. 15 A.L.R. 3d 297, at 315 (1967).<br />
*Baptist Church — congregational in form — Partin v. Tucker, 172 So. 89 (Fla. 1937); Ross v. Gerung, 69 So.2d 650 (Fla. 1954); First Independent Missionary Baptist Ch. v. McMillan, 153 So.2d 337 (Fla. 2d DCA 1963); Carroll v. Fellure, 185 So.2d 768 (Fla. 1st DCA 1966); Annot. 15 A.L.R. 3d 297, at 309 et seq.; Annot. 52 A.L.R. 3d 324, at 381 (1973).<br />
*Catholic Church — representative in form “corporation sole” — TN 6.01.01.<br />
*Christian Church — congregational in form — Annot. 15 A.L.R. 3d 297, at 323 (1967); Annot. 52 A.L.R. 3d 324, at 390 (1973).<br />
*Christian Reformed Church — representative in form — Annot. 52 A.L.R. 3d 324, at 423-425 (1973).<br />
Churches 6 - 7<br />
*Church of Brethren — congregational in form — 77 C.J.S., Religious Societies, Sec. 36, n. 59; Annot. 15 A.L.R. 3d 297, at 319 (1967).<br />
*Church of Christ — congregational in form — Annot. 15 A.L.R. 3d 297, at 323, 327-331 (1967); Annot. 52 A.L.R. 3d 324, at 390 (1973).<br />
*Church of God — representative in form — Annot. 15 A.L.R. 3d 297, at 309, 311, 313, 315, 317, and 324 (1967); Annot. 52 A.L.R. 3d 324, at 386–390 (1973).<br />
*Church of God General Assembly — representative in form — Ferguson v. Poitier, 306 So.2d 212 (Fla. 4th DCA 1975).<br />
*Church of God of Prophecy — representative in form — Sustar v. Williams, 263 So.2d 537 (Miss. 1972).<br />
*Church of the Nazarene — representative in form — Louisiana District, Etc. v. Church of The Nazarene, 132 So.2d 667 (La. 1st CA 1961); Annot. 52 A.L.R. 3d 324, at 414 (1973).<br />
*Congregational Church — congregational in form — Annot. 15 A.L.R. 3d 297, at 325 (1967).<br />
*Disciples of Christ — congregational in form — Annot. 52 A.L.R. 3d 324, at 390 (1973).<br />
*Episcopal Church — representative in form — St. John's Presbytery v. Central Presbyterian Church, 102 So.2d 714, at 718 (Fla. 1958).<br />
*Evangelical Lutheran Church — representative in form — Franzen v. Poulos, 604 So.2d 1260 (Fla. 3d DCA 1992).<br />
*Evangelical United Brethren — representative in form — Annot. 52 A.L.R. 3d 324, at 384 (1973).<br />
*First Born Church of the Living God — representative in form — First Born Church, Etc. v. The First Born Church, Etc., 22 So.2d 452 (Fla. 1945).<br />
*Free Will Baptist Church — congregational in form — First Free Will Baptist Church v. Franklin, 4 So.2d 390 (Fla. 1941); Carroll v. Fellure, 185 So.2d 768 (Fla. 1st DCA 1966); Annot. 15 A.L.R. 3d 297, at 305, 311, 318, 324, and 326 (1967); Annot. 52 A.L.R. 3d 324, at 382 (1973).<br />
*Lutheran Church — generally, but not always, representative in form — Franzen v. Poulos, 604 So.2d 1260 (Fla. 3d DCA 1992); Annot. 70 A.L.R. 85 (1931); Annot. 15 A.L.R. 3d 297, at 313, 317, 318 and 324 (1967); Annot. 52 A.L.R. 3d 297, at 405 (1973).<br />
*New Jerusalem Church of God — representative in form — ''New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc.'', 2013 WL 4859091 (Fla. App. 1st DCA).<br />
*United Methodist Church — representative in form — Montgomery v. Carlton, 126 So. 135 (Fla. 1930); ''St. John's Presbytery v. Central Presbyterian Church'', 102 So.2d 714, at 6 - 8 Churches 718 (Fla. 1958); Annot. 52 A.L.R. 3d 324, at 409 (1973); In re Williams' Estate, 59 So.2d 13 (Fla. 1952). All sales must comply with ''[https://www.ctcumc.org/files/fileshare/2016-book-of-discipline.pdf The Book of Discipline of the United Methodist Church - 2016]'', §2540 for unincorporated churches and §2541 for incorporated churches; [https://www.gcfa.org/services/legal-services/legal-manual/ UMC General Counsel on Finance and Administration Legal Manual], Section 4.<br />
*Pentecostal Holiness Church — representative in form — ''Full Gospel Temple of Tallahassee v. Redd'', 82 So.2d 589 (Fla. 1955); ''Rekas v. Polish National Catholic Church,West. Dio.'', 102 So.2d 705, at 706 (Fla. 1958); <br />
*Pentecostal Holiness Church, Inc. v. Mauney, 270 So.2d 762 (Fla. 4th DCA 1972).<br />
*Pilgrim Holiness — representative in form — Annot. 52 A.L.R. 3d 324, at 414 (1973).<br />
*Polish National Catholic Church — representative in form — ''Rekas v. Polish National Catholic Church'', West. Dio., 102 So.2d 705 (Fla. 1958).<br />
*Presbyterian Church — representative in form — ''Townsend v. Teagle'', 467 So.2d 772 (Fla. 1st DCA 1985); ''St. John's Presbytery v. Central Presbyterian Church'', 102 So.2d 714 (Fla. 1958); ''Presbytery of the Everglades v. Morgan'', 125 So.2d 762 (Fla. 3d DCA 1961); Annot. 52 A.L.R. 3d 324, at 417 (1973). <br />
**[https://www.pcusa.org/site_media/media/uploads/oga/pdf/2019-23-boo-elec_010621.pdf Presbyterian Church (USA) Book of Order 2019-2023]<br />
*Primitive Baptist Church — congregational in form — ''Austin v. Mt. Zion Prim. Bapt. Church of W. Palm Beach'', 165 So.2d 412 (Fla. 2d DCA 1964); Annot. 15 A.L.R. 3d 297, at 309, 331 and 335 (1967).<br />
*Unitarian Church — form not determined — Annot. 8 A.L.R. 105, at 118 (1920); Annot. 15 A.L.R. 3d 297, at 314 and 316 (1967); Annot. 52 A.L.R. 3d 324, at 426 (1973).<br />
*United Brethren Church — representative in form — Annot. 52 A.L.R. 3d 324, at 384 (1973). Wesleyan Methodist Church — representative in form — ''Nealey v. Butler'', 187 So.2d 658 (Fla. 3d DCA 1966); Annot. 52 A.L.R. 3d 324, at 357 (1973).<br />
<br />
<br />
[https://www.invtitle.com/docs/articles/nc/Holy%20Holy%20Holy%20Who%20Signs%20This%20Deed%202000.pdf Article on Church Conveyances]</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=4268MA Underwriting Summary2019-02-04T22:51:59Z<p>Lisastill: /* Search/Exam */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- Purchase Money Mortgage (1-4 family residential) requires a 50-year search from a "good" deed (one to a bfp for consideration) for required attorney certification under [https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section70 MGL c. 93, sec. 70]; See REBA TS 1 [https://www.reba.net/standards-forms/title-standards/ts1/] <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- Probate/Family Court<br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases with a consideration of $100 or more at a rate of $2.28 per $500 of consideration in all areas except Cape Cod (Barnstable County), and $6.48 per $1,000 of consideration on Cape Cod (Barnstable County). Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens (Levy on Executions) -- 6 years + 90 days<br />
*State Court Pre-Judgment Attachments -- 6 years<br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years from date of death<br />
*State Estate Tax Liens -- 10 years from date of death<br />
*State Corporate Excise Tax -- 3 years from assessment<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 5 years after stated maturity date; 35 years from recording if no stated maturity date within mortgage [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date or perfection; can attach to after acquired property<br />
*Errors in Acknowledgements, consideration, seals, corporate or individual, authority -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=4267MA Underwriting Summary2019-02-04T22:45:16Z<p>Lisastill: /* Mortgage/Transfer Tax */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- No act; but PMM (1-4 family residential) requires a 50 year search for required attorney certificate. Attorney must do 50 year search to avoid liability under consumer protection statutes. <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- <br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases with a consideration of $100 or more at a rate of $2.28 per $500 of consideration in all areas except Cape Cod (Barnstable County), and $6.48 per $1,000 of consideration on Cape Cod (Barnstable County). Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens (Levy on Executions) -- 6 years + 90 days<br />
*State Court Pre-Judgment Attachments -- 6 years<br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years from date of death<br />
*State Estate Tax Liens -- 10 years from date of death<br />
*State Corporate Excise Tax -- 3 years from assessment<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 5 years after stated maturity date; 35 years from recording if no stated maturity date within mortgage [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date or perfection; can attach to after acquired property<br />
*Errors in Acknowledgements, consideration, seals, corporate or individual, authority -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=4266MA Underwriting Summary2019-02-04T22:44:33Z<p>Lisastill: /* Mortgage/Transfer Tax */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- No act; but PMM (1-4 family residential) requires a 50 year search for required attorney certificate. Attorney must do 50 year search to avoid liability under consumer protection statutes. <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- <br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases with a consideration is $100 or more at a rate of $2.28 per $500 of consideration in all areas except Cape Cod (Barnstable County); and $6.48 per $1,000 of consideration on Cape Cod (Barnstable County). Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens (Levy on Executions) -- 6 years + 90 days<br />
*State Court Pre-Judgment Attachments -- 6 years<br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years from date of death<br />
*State Estate Tax Liens -- 10 years from date of death<br />
*State Corporate Excise Tax -- 3 years from assessment<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 5 years after stated maturity date; 35 years from recording if no stated maturity date within mortgage [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date or perfection; can attach to after acquired property<br />
*Errors in Acknowledgements, consideration, seals, corporate or individual, authority -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=4265MA Underwriting Summary2019-02-04T22:35:16Z<p>Lisastill: /* Time Limitations */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- No act; but PMM (1-4 family residential) requires a 50 year search for required attorney certificate. Attorney must do 50 year search to avoid liability under consumer protection statutes. <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- <br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases at $2.28 per $500 of consideration in all areas except Cape Cod; and $5.70 per $1,000 of consideration on Cape Cod. Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens (Levy on Executions) -- 6 years + 90 days<br />
*State Court Pre-Judgment Attachments -- 6 years<br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years from date of death<br />
*State Estate Tax Liens -- 10 years from date of death<br />
*State Corporate Excise Tax -- 3 years from assessment<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 5 years after stated maturity date; 35 years from recording if no stated maturity date within mortgage [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date or perfection; can attach to after acquired property<br />
*Errors in Acknowledgements, consideration, seals, corporate or individual, authority -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=4264MA Operations Summary2019-02-04T22:30:20Z<p>Lisastill: /* Payment Customs */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required on mortgage; required on deeds<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate Land Bank fees on Nantucket and Dukes County paid by buyer<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- Yes; nominal consideration considered anything under $100<br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – at least 3" from top<br />
*Other Special Recording: --<br />
<br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage <br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Fiscal year runs July 1 - June 30<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or release of seller’s mortgage, condominium 6d certificate, etc). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=4263MA Operations Summary2019-02-04T22:28:42Z<p>Lisastill: /* Recording/Document Requirements */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required on mortgage; required on deeds<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate Land Bank fees on Nantucket and Dukes County paid by buyer<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- Yes; nominal consideration considered anything under $100<br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – at least 3" from top<br />
*Other Special Recording: --<br />
<br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage <br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Fiscal year runs July 1 - June 30<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=4262MA Operations Summary2019-02-04T22:27:05Z<p>Lisastill: /* Taxes */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required on mortgage; required on deeds<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate transfer tax on Nantucket and Dukes County paid by buyer<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- Yes; nominal consideration considered anything under $100<br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – at least 3" from top<br />
*Other Special Recording: --<br />
<br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage <br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Fiscal year runs July 1 - June 30<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=4261MA Operations Summary2019-02-04T22:24:58Z<p>Lisastill: /* Document Types */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required on mortgage; required on deeds<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate transfer tax on Nantucket and Dukes County paid by buyer<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- Yes; nominal consideration considered anything under $100<br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – at least 3" from top<br />
*Other Special Recording: --<br />
<br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage <br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=4260MA Operations Summary2019-02-04T22:24:30Z<p>Lisastill: /* Recording/Document Requirements */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required on mortgage; required on deeds<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases with consideration of more than $100 paid by grantor; separate transfer tax on Nantucket and Dukes County paid by buyer<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- Yes; nominal consideration considered anything under $100<br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – at least 3" from top<br />
*Other Special Recording: --<br />
<br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=NH_Underwriting_References&diff=3866NH Underwriting References2018-09-25T19:14:14Z<p>Lisastill: /* Probate & Estates */</p>
<hr />
<div>==Agency==<br />
===Powers of Attorney===<br />
===Corporate Authority===<br />
==Agreement for Deed==<br />
==Agreement Not to Transfer or Encumber==<br />
==Agreements==<br />
==Agricultural Lands==<br />
==Alien Land Ownership==<br />
==Aliens Ineligible To Citizenship==<br />
==Alteration of Instruments==<br />
==Bankruptcy==<br />
===State Specific===<br />
===General===<br />
==Cemeteries==<br />
==Chattel and Crop Mortgages==<br />
==Churches==<br />
==Common Law Syndicates or Trusts==<br />
==Community and Separate Real Property==<br />
==Condominiums, Homeowners’ Associations and Common Interest Developments==<br />
==Construction Liens==<br />
==Contracts for Sale==<br />
==Conveyances ==<br />
==Corporations==<br />
==Courts==<br />
===Actions affecting Title===<br />
===Due Process===<br />
===Lis Pendens===<br />
===Documenting the Record===<br />
===Enforcement of Judgments===<br />
===Servicemembers Civil Relief Act (Soldiers & Sailors)===<br />
==Covenants, Conditions and Restrictions==<br />
==Creditors’ Rights & Fraudulent Transfers==<br />
==Deeds==<br />
==Descriptions==<br />
==Dissolution of Marriage==<br />
==Easements==<br />
==Eminent Domain==<br />
==Entities==<br />
==Escrows==<br />
==Estates of Decedents==<br />
==Federal Estate Tax==<br />
==Federal Housing Administration Loans==<br />
==Federal Land Bank Loans==<br />
==Federal Tax Liens==<br />
==Fissionable Materials Reservations==<br />
==Flexible Purpose Corporations==<br />
==Foreclosure Of Mortgages==<br />
==Forfeiture==<br />
==General Partnerships==<br />
==Generally==<br />
==Guardianship, Conservatorships and Other Protective Proceedings==<br />
==Homestead ==<br />
==Identity of Persons==<br />
==Incompetents & Minors==<br />
==Indian Titles==<br />
==Judgments and Liens==<br />
==Land Trust==<br />
==Leases ==<br />
==Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement==<br />
==Life Estates==<br />
===Creation & Recognition===<br />
===Lady Bird Deeds===<br />
<br />
<br />
==Maps==<br />
==Marital Homestead in Probate Proceedings==<br />
==Marital Property ==<br />
==Marketable Record Title Act & Curative Acts==<br />
==Minerals==<br />
==Missing Persons==<br />
==Mobile homes, Manufactured Homes And Commercial Coaches==<br />
==Mortgages & Deeds of Trust==<br />
==Notary & Acknowledgments==<br />
==Plats & Subdivisions==<br />
==Plats And Streets==<br />
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==<br />
==Probate & Estates==<br />
TS 7-22. Testacy. A Will is not effective unless it is:<br />
(a) Proved and allowed (with or without administration) in New Hampshire;<br />
or<br />
(b) Proved and allowed (with or without administration) in another<br />
jurisdiction, but only after authenticated copies of the will and probate<br />
have been filed in a New Hampshire Circuit Court - Probate Division, by<br />
decree of the court following application of a party in interest, and after<br />
such notice and hearing as the court may order. RSA 552:1, 13.<br />
<br />
Title passes as of the date of death, subject to defeasance by the fiduciary acting either<br />
with the consent of those who would have taken title pursuant to the Will, or under<br />
license from the Circuit Court-Probate Division. See Standards 7-8, 7-19 and 7-26.<br />
<br />
TS 7-23. Intestacy. In the case of intestacy, title passes to the heirs as of the date of death,<br />
subject to defeasance by the fiduciary acting either with the consent of the heirs, or under<br />
license from the Circuit Court - Probate Division. See Lane v. Thompson. 43 N.H. 320<br />
(1861).<br />
<br />
The fact of death and the identities of the surviving spouse, if any, and the heirs must<br />
normally be evidenced of record as follows:<br />
(a) Where death occurred prior to January 1, 1997, or more than 20 years prior<br />
to the date of search, recitals in affidavits or acknowledged instruments of<br />
record as to the fact of death and the identities of the surviving spouse, if<br />
any, and the heirs may be relied upon in the absence of any contrary<br />
information. A statement as to the identities of the heirs may be presumed<br />
to include all of the heirs, even if not expressly stated.<br />
(b) Where death occurred after January 1, 1997, and within 20 years prior to<br />
the date of search, but not within the period specified in the next<br />
subsection, recitals in affidavits or acknowledged instruments of record<br />
may be relied upon in the absence of contrary information, if such recitals<br />
state facts that establish the following:<br />
1. The date of death and residence or domicile at death;<br />
2. The nonexistence of a will;<br />
3. Information regarding the surviving relatives and/or the value of<br />
the estate to the extent necessary to establish the identities of the<br />
heirs to the New Hampshire real estate; and<br />
4. Whether and where any probate proceedings have been filed.<br />
(c) Where death occurred after January l, 1997, and within two years prior to<br />
the date of search, New Hampshire administration is required.<br />
See Standard 5-51.<br />
<br />
==Public Lands==<br />
==Restrictions And Reverters==<br />
==Servicemembers Civil Relief Act==<br />
==Special Risks/Ultra-Hazardous Risks==<br />
==Spousal Interests==<br />
===Divorce===<br />
===Joinder Requirements===<br />
<br />
==State and Local Transfer Taxes==<br />
==State Law Reservations==<br />
==Streets==<br />
===Vesting===<br />
===Usage Rights===<br />
===Abandonment & Vacation===<br />
==Surveys And Title Insurance==<br />
==Tax Liens==<br />
===Federal Income and Other Taxes===<br />
===Federal Estate Tax===<br />
===State Income Tax===<br />
===Property Tax===<br />
=== Other State and Local Taxes===<br />
==Taxation And Tax Titles==<br />
==Taxes And Assessments==<br />
==Tenancies==<br />
==Trusts And Trustees==<br />
==Truth-In-Lending==<br />
==Unauthorized Practice of Law==<br />
==Uniform Commercial Code (UCC)==<br />
==Uniform Federal Lien Registration Act==<br />
==Usury==<br />
==Utilities==<br />
==Water And Water Rights==<br />
==Waters And Watercourses==<br />
==Zoning==</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_References&diff=3645MA Underwriting References2018-09-04T19:44:14Z<p>Lisastill: /* State Income Tax */</p>
<hr />
<div>==Agency==<br />
===Powers of Attorney===<br />
===Corporate Authority===<br />
==Agreement for Deed==<br />
==Agreement Not to Transfer or Encumber==<br />
==Agreements==<br />
==Agricultural Lands==<br />
==Alien Land Ownership==<br />
==Aliens Ineligible To Citizenship==<br />
==Alteration of Instruments==<br />
==Bankruptcy==<br />
===State Specific===<br />
===General===<br />
==Cemeteries==<br />
==Chattel and Crop Mortgages==<br />
==Churches==<br />
==Common Law Syndicates or Trusts==<br />
==Community and Separate Real Property==<br />
==Condominiums, Homeowners’ Associations and Common Interest Developments==<br />
==Construction Liens==<br />
==Contracts for Sale==<br />
==Conveyances ==<br />
==Corporations==<br />
==Courts==<br />
===Actions affecting Title===<br />
===Due Process===<br />
===Lis Pendens===<br />
===Documenting the Record===<br />
===Enforcement of Judgments===<br />
===Servicemembers Civil Relief Act (Soldiers & Sailors)===<br />
==Covenants, Conditions and Restrictions==<br />
==Creditors’ Rights & Fraudulent Transfers==<br />
==Deeds==<br />
==Descriptions==<br />
==Dissolution of Marriage==<br />
==Easements==<br />
==Eminent Domain==<br />
==Entities==<br />
==Escrows==<br />
==Estates of Decedents==<br />
==Federal Estate Tax==<br />
==Federal Housing Administration Loans==<br />
==Federal Land Bank Loans==<br />
==Federal Tax Liens==<br />
==Fissionable Materials Reservations==<br />
==Flexible Purpose Corporations==<br />
==Foreclosure Of Mortgages==<br />
==Forfeiture==<br />
==General Partnerships==<br />
==Generally==<br />
==Guardianship, Conservatorships and Other Protective Proceedings==<br />
==Homestead ==<br />
==Identity of Persons==<br />
==Incompetents & Minors==<br />
==Indian Titles==<br />
==Judgments and Liens==<br />
==Land Trust==<br />
==Leases ==<br />
==Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement==<br />
==Life Estates==<br />
===Creation & Recognition===<br />
===Lady Bird Deeds===<br />
<br />
<br />
==Maps==<br />
==Marital Homestead in Probate Proceedings==<br />
==Marital Property ==<br />
==Marketable Record Title Act & Curative Acts==<br />
==Minerals==<br />
==Missing Persons==<br />
==Mobile homes, Manufactured Homes And Commercial Coaches==<br />
==Mortgages & Deeds of Trust==<br />
==Notary & Acknowledgments==<br />
==Plats & Subdivisions==<br />
==Plats And Streets==<br />
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==<br />
==Probate & Estates==<br />
==Public Lands==<br />
==Restrictions And Reverters==<br />
==Servicemembers Civil Relief Act==<br />
==Special Risks/Ultra-Hazardous Risks==<br />
==Spousal Interests==<br />
===Divorce===<br />
===Joinder Requirements===<br />
<br />
==State and Local Transfer Taxes==<br />
<br />
==State Law Reservations==<br />
==Streets==<br />
===Vesting===<br />
===Usage Rights===<br />
===Abandonment & Vacation===<br />
==Surveys And Title Insurance==<br />
==Tax Liens==<br />
===Federal Income and Other Taxes===<br />
===Federal Estate Tax===<br />
===State Income Tax===<br />
Lien attaches to all property of any person who neglects to pay a tax after demand for 10 years and 30 days from the time of assessment [https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter62C/Section50 MGL c. 62C, §50], including any and all property owned by the taxpayer during the life of the lien (i.e., after-acquired property) [https://caselaw.findlaw.com/ma-supreme-judicial-court/1013834.html Luchini v. Commissioner of Revenue 436 Mass. 403, 764 N.E.2d 870 (2002)]<br />
<br />
===Property Tax===<br />
=== Other State and Local Taxes===<br />
==Taxation And Tax Titles==<br />
==Taxes And Assessments==<br />
==Tenancies==<br />
==Trusts And Trustees==<br />
==Truth-In-Lending==<br />
==Unauthorized Practice of Law==<br />
==Uniform Commercial Code (UCC)==<br />
==Uniform Federal Lien Registration Act==<br />
==Usury==<br />
==Utilities==<br />
==Water And Water Rights==<br />
==Waters And Watercourses==<br />
==Zoning==</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Good_Funds_in_Massachusetts&diff=3644Good Funds in Massachusetts2018-09-04T19:30:12Z<p>Lisastill: /* Definition */</p>
<hr />
<div>==Overview==<br />
==Sources==<br />
==Wet or Dry Settlement==<br />
Wet<br />
==Definition==<br />
Loan proceeds must be disbursed in the form of a certified check, bank treasurer's check, cashier's check, or by federal funds wire transfer. MA Gen. Laws Ch. 183, §63B.<br />
<br />
==Requirements==<br />
Loan documents may not be filed with the Land Court (registered land) or recorded with the Registry of Deeds until the lender transfers the loan proceeds of the loan to the borrower, the borrower's attorney, or the lender's attorney. MA Gen. Laws Ch. 183, §63B.<br />
===Exceptions to Requirements===<br />
Good Funds Statute does not apply when there is no mortgage.<br />
<br />
==Cross-References==<br />
* [[Massachusetts]]<br />
* [[Good Funds]]</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Good_Funds_in_Massachusetts&diff=3643Good Funds in Massachusetts2018-09-04T19:29:36Z<p>Lisastill: /* Requirements */</p>
<hr />
<div>==Overview==<br />
==Sources==<br />
==Wet or Dry Settlement==<br />
Wet<br />
==Definition==<br />
Loan proceeds must be disbursed in the form of a certified check, bank treasurer's check, cashier's check, or by federal funds wire transfer. MA Gen. Laws Ch. 183 ?63B.<br />
==Requirements==<br />
Loan documents may not be filed with the Land Court (registered land) or recorded with the Registry of Deeds until the lender transfers the loan proceeds of the loan to the borrower, the borrower's attorney, or the lender's attorney. MA Gen. Laws Ch. 183, §63B.<br />
===Exceptions to Requirements===<br />
Good Funds Statute does not apply when there is no mortgage.<br />
<br />
==Cross-References==<br />
* [[Massachusetts]]<br />
* [[Good Funds]]</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=RI_Underwriting_References&diff=3463RI Underwriting References2018-08-28T21:43:24Z<p>Lisastill: /* Homestead */</p>
<hr />
<div>==Agency==<br />
===Powers of Attorney===<br />
===Corporate Authority===<br />
==Agreement for Deed==<br />
==Agreement Not to Transfer or Encumber==<br />
==Agreements==<br />
==Agricultural Lands==<br />
==Alien Land Ownership==<br />
==Aliens Ineligible To Citizenship==<br />
==Alteration of Instruments==<br />
==Bankruptcy==<br />
===State Specific===<br />
===General===<br />
==Cemeteries==<br />
==Chattel and Crop Mortgages==<br />
==Churches==<br />
==Common Law Syndicates or Trusts==<br />
==Community and Separate Real Property==<br />
==Condominiums, Homeowners’ Associations and Common Interest Developments==<br />
==Construction Liens==<br />
==Contracts for Sale==<br />
==Conveyances ==<br />
==Corporations==<br />
==Courts==<br />
===Actions affecting Title===<br />
===Due Process===<br />
===Lis Pendens===<br />
===Documenting the Record===<br />
===Enforcement of Judgments===<br />
===Servicemembers Civil Relief Act (Soldiers & Sailors)===<br />
==Covenants, Conditions and Restrictions==<br />
==Creditors’ Rights & Fraudulent Transfers==<br />
==Deeds==<br />
==Descriptions==<br />
==Dissolution of Marriage==<br />
==Easements==<br />
==Eminent Domain==<br />
==Entities==<br />
==Escrows==<br />
==Estates of Decedents==<br />
==Federal Estate Tax==<br />
==Federal Housing Administration Loans==<br />
==Federal Land Bank Loans==<br />
==Federal Tax Liens==<br />
==Fissionable Materials Reservations==<br />
==Flexible Purpose Corporations==<br />
==Foreclosure Of Mortgages==<br />
==Forfeiture==<br />
==General Partnerships==<br />
==Generally==<br />
==Guardianship, Conservatorships and Other Protective Proceedings==<br />
==Homestead ==<br />
*Exemption up to $500,000 for an owner or someone who rightfully occupies or intends to occupy the home as his/her principal residence<br />
*Automatic; no declaration needed.<br />
*[http://webserver.rilin.state.ri.us/Statutes/TITLE9/9-26/9-26-4.1.HTM RIGL 9-26-4.1]<br />
<br />
==Identity of Persons==<br />
==Incompetents & Minors==<br />
==Indian Titles==<br />
==Judgments and Liens==<br />
==Land Trust==<br />
==Leases ==<br />
==Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement==<br />
==Life Estates==<br />
===Creation & Recognition===<br />
===Lady Bird Deeds===<br />
<br />
<br />
==Maps==<br />
==Marital Homestead in Probate Proceedings==<br />
==Marital Property ==<br />
==Marketable Record Title Act & Curative Acts==<br />
==Minerals==<br />
==Missing Persons==<br />
==Mobile homes, Manufactured Homes And Commercial Coaches==<br />
==Mortgages & Deeds of Trust==<br />
==Notary & Acknowledgments==<br />
==Plats & Subdivisions==<br />
==Plats And Streets==<br />
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==<br />
==Probate & Estates==<br />
==Public Lands==<br />
==Restrictions And Reverters==<br />
==Servicemembers Civil Relief Act==<br />
==Special Risks/Ultra-Hazardous Risks==<br />
==Spousal Interests==<br />
===Divorce===<br />
===Joinder Requirements===<br />
<br />
==State and Local Transfer Taxes==<br />
==State Law Reservations==<br />
==Streets==<br />
===Vesting===<br />
===Usage Rights===<br />
===Abandonment & Vacation===<br />
==Surveys And Title Insurance==<br />
==Tax Liens==<br />
===Federal Income and Other Taxes===<br />
===Federal Estate Tax===<br />
===State Income Tax===<br />
===Property Tax===<br />
=== Other State and Local Taxes===<br />
==Taxation And Tax Titles==<br />
==Taxes And Assessments==<br />
==Tenancies==<br />
==Trusts And Trustees==<br />
==Truth-In-Lending==<br />
==Unauthorized Practice of Law==<br />
==Uniform Commercial Code (UCC)==<br />
==Uniform Federal Lien Registration Act==<br />
==Usury==<br />
==Utilities==<br />
==Water And Water Rights==<br />
==Waters And Watercourses==<br />
==Zoning==</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=3462MA Underwriting Summary2018-08-28T02:37:42Z<p>Lisastill: /* Time Limitations */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- No act; but PMM (1-4 family residential) requires a 50 year search for required attorney certificate. Attorney must do 50 year search to avoid liability under consumer protection statutes. <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- <br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases at $2.28 per $500 of consideration in all areas except Cape Cod; and $5.70 per $1,000 of consideration on Cape Cod. Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens (Levy on Executions) -- 6 years + 90 days<br />
*State Court Pre-Judgment Attachments -- 6 years<br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years<br />
*State Estate Tax Liens -- 10 years<br />
*State Corporate Excise Tax -- 3 years from assessment<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 35 years from recording if no stated maturity date within mortgage; 5 years after stated maturity date [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date<br />
*Errors in Acknowledgements, consideration, seals, corporate or individual, authority -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_Summary&diff=3461MA Underwriting Summary2018-08-28T02:29:27Z<p>Lisastill: /* Time Limitations */</p>
<hr />
<div>==Search/Exam==<br />
*Minimum Search Requirements -- No act; but PMM (1-4 family residential) requires a 50 year search for required attorney certificate. Attorney must do 50 year search to avoid liability under consumer protection statutes. <br />
*Plant or other search restrictions -- No<br />
*Additional Requirements for REO Searches -- N/A<br />
*Foreclosure Checklist -- N/A<br />
*Special Searches Required (Code, HOA, Utilities)? -- <br />
*Survey Requirements -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==UPL==<br />
*UPL Hot Button Issues -- Extreme caution required for MA Transactions; WFG approved attorney is ________________; closing with any other attorney requires written approval from Compliance.<br />
<br />
*Mass is one of the most aggressive states on unauthorized practice of law enforcement and most restricted state – generally, agents must be a MA licensed attorney and all closings must be handled by them. Title examination may be performed by an independent non-attorney, but the attorney must review the abstract render the opinion of title.<br />
<br />
==Vesting==<br />
==Witness Requirements==<br />
No witness required, but instruments must be acknowledged<br />
<br />
==Property Tax ==<br />
Real estate taxes are assessed on January 1 for the fiscal year that begins the immediately following July 1 Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
<br />
==Mortgage/Transfer Tax==<br />
The transfer tax is imposed on the seller on deeds or long-term leases at $2.28 per $500 of consideration in all areas except Cape Cod; and $5.70 per $1,000 of consideration on Cape Cod. Additionally, on Nantucket and Martha’s Vineyard the buyer is required to pay a fee of 2% of the purchase price to the county land bank.<br />
==Spousal Joinder Requirements/Homestead==<br />
<br />
<br />
==Power Of Attorney==<br />
<br />
<br />
==Construction Liens==<br />
<br />
<br />
==Foreclosure Review==<br />
<br />
<br />
==Instrument Requirements ==<br />
<br />
<br />
==Who May Serve As Trustee On Deed Of Trust==<br />
<br />
Mortgages customarily used.<br />
<br />
==Time Limitations==<br />
*US Judgment Liens -- 20 years, renewable for 20 years<br />
*State Court Judgment Liens -- <br />
*Federal Tax Liens -- 10 years (+30 days) from assessment date; can be refilled; attaches to after acquired property<br />
*State Tax Liens -- 10 years; can be refilled; attaches to after acquired property<br />
*Federal Estate Tax Lien -- 10 years<br />
*State Estate Tax Liens -- 10 years<br />
*Mechanics Liens -- <br />
*Financing Statements -- 5 years, can be renewed for 5 year term<br />
*Mortgages -- 35 years from recording if no stated maturity date within mortgage; 5 years after stated maturity date [https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section33 MGL c. 260, §33]<br />
*HOA Liens -- <br />
*Condominium assessments -- <br />
*Child Support Liens -- 10 years from recording date<br />
<br />
==Odd Stuff==<br />
*An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3456MA Operations Summary2018-08-27T20:19:19Z<p>Lisastill: /* Payment Customs */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller, except Land Bank fees in Nantucket and Dukes Counties which are paid for by the buyer.<br />
*The recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3455MA Operations Summary2018-08-27T20:16:38Z<p>Lisastill: /* Taxes */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are either billed quarterly or semi-annually and are considered delinquent if not paid when due<br />
::Quarterly - billed on the first day of July, October, January and April and due by the first day of August, November, February and May, respectively; payments are in advance<br />
::Semi-annual - billed on the first day of October and April and due by the first day of November and May, respectively; November payment covers July through December, May payment covers January through June.<br />
<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3454MA Operations Summary2018-08-27T20:00:46Z<p>Lisastill: /* Tenancies */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3453MA Operations Summary2018-08-27T19:59:56Z<p>Lisastill: /* Tenancies */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- <br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188];<br />
<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3452MA Operations Summary2018-08-27T19:57:55Z<p>Lisastill: /* Document Types */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Quitclaim deeds used in majority of state; warranty deeds may also be accepted in western Counties; deeds from personal representatives of an estate, guardians and conservators contain fiduciary covenants<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3451MA Operations Summary2018-08-27T19:55:18Z<p>Lisastill: /* Recording Process */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- <br />
:Recorded land: Accepted at all counties except ''Nantucket'' and ''Dukes''; specialized software/online access is required<br />
:Registered/Torrens land: Norfolk County only<br />
*Record before disbursement -- Yes<br />
*Special recording procedure -- May be Torrens properties<br />
<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3450MA Operations Summary2018-08-27T19:32:51Z<p>Lisastill: /* Escrow/Settlement */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
*Joinder of non-titled spouse -- <br />
<br />
:if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed in order to release estates of homestead; <br />
:if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3449MA Operations Summary2018-08-27T19:26:56Z<p>Lisastill: /* Banking Information */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- <br />
:Residential: Attorney must disburse fees in connection with clearing or establishing a lien; payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf REBA Inc. v NREIS, et al, 459 Mass. 512 (2011)] <br />
:Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account for residential transactions.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
<br />
*Joinder of non-titled spouse -- <br />
:To release estates of homestead, if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed ; if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3448MA Operations Summary2018-08-27T19:09:06Z<p>Lisastill: /* Escrow/Settlement */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- Residential: Attorney must disburse fees in connection with clearing or establishing a lien, payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf] Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes, entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
<br />
*Joinder of non-titled spouse -- <br />
:To release estates of homestead, if primary residence of grantor or grantor's spouse, non-titled spouse must join in or otherwise consent to the deed ; if not primary residence, either a statement in the deed under oath or a separate affidavit may be recorded stating the property is not the grantor's primary residence, nor the primary residence of the grantor's spouse or anyone else, and no one is entitled to an estate of homestead in the property [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188 MGL c. 188]; <br />
<br />
:If title holder is a party to a divorce action, non-title spouse must sign and/or consent on record to the deed [https://www.mass.gov/supplemental-rules-of-the-probate-and-family-court/supplemental-probate-and-family-court-rule-411 Supplemental Probate and Family Court Rule 411].<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3441MA Operations Summary2018-08-27T18:36:21Z<p>Lisastill: /* Escrow/Settlement */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- Residential: Attorney must disburse fees in connection with clearing or establishing a lien, payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf] Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Record then disburse<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- 7 years<br />
*Is an attorney involved in the closing -- Yes – entire residential transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Lender may prepare mortgage and mortgage documents; attorney must prepare all other legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
<br />
*Joinder of non-titled spouse -- Sometimes, A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3440MA Operations Summary2018-08-27T18:32:42Z<p>Lisastill: /* Banking Information */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section63B<br />
*Disbursements Requirements -- Residential: Attorney must disburse fees in connection with clearing or establishing a lien, payoffs and recording charges must be disbursed by a MA Attorney. [http://wfgunderwriting.com/download/massachusetts/bulletins/REBA%20v%20NREIS%20MA%20SJC%204-25-2011%20Mass%20Reports%20version%20from%20SJC%20website.pdf] Commercial: common practice is for escrow to be held either by a licensed MA attorney or in accordance with an escrow agreement signed by the borrower/mortgagor to the transaction.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Disburse then record<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- <br />
*Is an attorney involved in the closing -- Yes – entire transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Attorney must prepare all legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
<br />
*Joinder of non-titled spouse -- Sometimes, A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Operations_Summary&diff=3439MA Operations Summary2018-08-27T17:46:04Z<p>Lisastill: /* Banking Information */</p>
<hr />
<div>==Licensed Entity: ==<br />
*See [http://wiki.wfgstaging.com/images/3/35/Massachusetts_HUD-1.pdf Attached HUD] Sample for Additional Information<br />
<br />
==Banking Information== <br />
*Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>><br />
*Checks stale dated after -- ___ days of issuance<br />
*Good Funds Law -- Yes. Loan docs cannot record until lender transfers good funds.<br />
*Disbursements Requirements -- Attorney must disburse fees in connection with clearing or establishing a lien. Payoffs and recording charges must be disbursed by a MA Attorney.<br />
*Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- Attorney must disburse specified disbursements through IOLTA account.<br />
<br />
==Escrow/Settlement ==<br />
*Who can prepare the HUD -- Attorney/Attorney supervised<br />
*Who can sign the HUD (EO/LTP/Attorney) -- Attorney/Attorney supervised<br />
*Who orders hazard insurance -- Customary - <br />
*When is transaction consummated for new HUDS -- <br />
*Record before/after disburse -- Disburse then record<br />
*Filed/restricted escrow rates -- No<br />
*Record retention requirements -- <br />
*Is an attorney involved in the closing -- Yes – entire transaction must be supervised by an attorney<br />
*Who can handle loan document signing -- Attorney<br />
*Doc/Deed Prep Restrictions -- Attorney must prepare all legal documents<br />
*Use Escrow Instructions or not -- No<br />
*Use Estimated HUD or Final -- Final<br />
*Pass-thru charges -- Yes <br />
*Rates Inclusive or not -- Not inclusive. Search fees may be charged separately.<br />
*Up Charging -- No<br />
*Junk Charges -- No<br />
*Special HUD Requirements -- Attorney/Attorney supervised<br />
*Special Disclosures -- <br />
*CPL -- Yes<br />
<br />
<br />
*Joinder of non-titled spouse -- Sometimes, A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
*Survey Required -- <br />
**Purchase – yes<br />
**Refinance – no<br />
==Audits==<br />
*Required -- No<br />
==Recording Process==<br />
*E-recording -- County list of e-recording attached<br />
*Record before disbursement -- <br />
*Special recording procedure -- May be Torrens properties<br />
==Recording/Document Requirements==<br />
*Marital Status Stated -- Not required<br />
*Transfer Tax -- Yes Tax on deeds and L.T. Leases<br />
*Mortgage Tax -- No<br />
*Address for grantor/grantee/property -- All parties addresses required<br />
*Witnesses -- Not required<br />
*Names typed/printed -- Yes<br />
*Prepared by/return to -- Preparer not required<br />
*Notary Stamp/requirements -- <br />
*Parcel or tax index number -- Not required<br />
*Recitation of Consideration -- <br />
*Derivation Clause -- Yes<br />
*Corporate Signatures/Attestation -- <br />
*Ink Color/Font -- Black/10 pt minimum<br />
*Legal Description -- <br />
*Margins -- 1st page – 3” x 5” top right corner<br />
*Other Special Recording: -- <br />
==Document Types==<br />
*Conveyance -- Warranty Deed or Quitclaim Deed<br />
Practice in western part of state is to use warranty deeds. Deeds with only quitclaim covenants are used in all other transactions. Deeds from executors and administrators of an estate contain no covenants.<br />
*Security Instrument -- Mortgage Deed<br />
*Release -- Discharge or Release<br />
==Tenancies==<br />
*Tenants in Common -- Yes<br />
*Joint Tenants -- Yes<br />
*Tenancy by Entireties -- Yes<br />
*Community Property -- No<br />
*Homestead -- Yes<br />
*Joinder of Non-titled Spouse -- Sometimes. A non-title spouse does not have to join in or otherwise consent to a deed unless (i) a homestead has been filed of record by the title holder (Gen. Laws, Chapter 188) or (ii) the title-holding spouse is suing or being sued by his or her spouse for divorce (Probate Rule 411).<br />
==Taxes==<br />
*Real estate taxes are assessed on January 1 of each year for the fiscal year that begins the immediately following July 1. Payments are generally due quarterly – July, October, January and April – and are considered delinquent if not paid when due. Some municipalities collect on a half-year basis.<br />
==Commitment/Policy Special Requirements==<br />
*Who can sign Commitment/Policy -- Attorney-agent<br />
*Other -- <br />
==Payment Customs==<br />
*The owner’s policy is paid for by the purchaser. <br />
*The transfer tax on deeds is paid for by the seller and the recording fees are generally paid for by the buyer except with respect to the fees to record title-clearing evidence (e.g., discharge or satisfaction of seller’s mortgage). <br />
*Survey charges are paid for by the buyer, with the exception that the seller may be charged for work necessary to clarify a questionable description <br />
*Closing and settlement fees are paid for by the buyer.<br />
==Post Closing Requirements==<br />
*Recon follow up required --</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=MA_Underwriting_References&diff=2570MA Underwriting References2018-07-27T13:18:07Z<p>Lisastill: /* State and Local Transfer Taxes */</p>
<hr />
<div>==Agency==<br />
===Powers of Attorney===<br />
===Corporate Authority===<br />
==Agreement for Deed==<br />
==Agreement Not to Transfer or Encumber==<br />
==Agreements==<br />
==Agricultural Lands==<br />
==Alien Land Ownership==<br />
==Aliens Ineligible To Citizenship==<br />
==Alteration of Instruments==<br />
==Bankruptcy==<br />
===State Specific===<br />
===General===<br />
==Cemeteries==<br />
==Chattel and Crop Mortgages==<br />
==Churches==<br />
==Common Law Syndicates or Trusts==<br />
==Community and Separate Real Property==<br />
==Condominiums, Homeowners’ Associations and Common Interest Developments==<br />
==Construction Liens==<br />
==Contracts for Sale==<br />
==Conveyances ==<br />
==Corporations==<br />
==Courts==<br />
===Actions affecting Title===<br />
===Due Process===<br />
===Lis Pendens===<br />
===Documenting the Record===<br />
===Enforcement of Judgments===<br />
===Servicemembers Civil Relief Act (Soldiers & Sailors)===<br />
==Covenants, Conditions and Restrictions==<br />
==Creditors’ Rights & Fraudulent Transfers==<br />
==Deeds==<br />
==Descriptions==<br />
==Dissolution of Marriage==<br />
==Easements==<br />
==Eminent Domain==<br />
==Entities==<br />
==Escrows==<br />
==Estates of Decedents==<br />
==Federal Estate Tax==<br />
==Federal Housing Administration Loans==<br />
==Federal Land Bank Loans==<br />
==Federal Tax Liens==<br />
==Fissionable Materials Reservations==<br />
==Flexible Purpose Corporations==<br />
==Foreclosure Of Mortgages==<br />
==Forfeiture==<br />
==General Partnerships==<br />
==Generally==<br />
==Guardianship, Conservatorships and Other Protective Proceedings==<br />
==Homestead ==<br />
==Identity of Persons==<br />
==Incompetents & Minors==<br />
==Indian Titles==<br />
==Judgments and Liens==<br />
==Land Trust==<br />
==Leases ==<br />
==Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement==<br />
==Life Estates==<br />
===Creation & Recognition===<br />
===Lady Bird Deeds===<br />
<br />
<br />
==Maps==<br />
==Marital Homestead in Probate Proceedings==<br />
==Marital Property ==<br />
==Marketable Record Title Act & Curative Acts==<br />
==Minerals==<br />
==Missing Persons==<br />
==Mobile homes, Manufactured Homes And Commercial Coaches==<br />
==Mortgages & Deeds of Trust==<br />
==Notary & Acknowledgments==<br />
==Plats & Subdivisions==<br />
==Plats And Streets==<br />
==Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)==<br />
==Probate & Estates==<br />
==Public Lands==<br />
==Restrictions And Reverters==<br />
==Servicemembers Civil Relief Act==<br />
==Special Risks/Ultra-Hazardous Risks==<br />
==Spousal Interests==<br />
===Divorce===<br />
===Joinder Requirements===<br />
<br />
==State and Local Transfer Taxes==<br />
<br />
==State Law Reservations==<br />
==Streets==<br />
===Vesting===<br />
===Usage Rights===<br />
===Abandonment & Vacation===<br />
==Surveys And Title Insurance==<br />
==Tax Liens==<br />
===Federal Income and Other Taxes===<br />
===Federal Estate Tax===<br />
===State Income Tax===<br />
===Property Tax===<br />
=== Other State and Local Taxes===<br />
==Taxation And Tax Titles==<br />
==Taxes And Assessments==<br />
==Tenancies==<br />
==Trusts And Trustees==<br />
==Truth-In-Lending==<br />
==Unauthorized Practice of Law==<br />
==Uniform Commercial Code (UCC)==<br />
==Uniform Federal Lien Registration Act==<br />
==Usury==<br />
==Utilities==<br />
==Water And Water Rights==<br />
==Waters And Watercourses==<br />
==Zoning==</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2347Tenancies in Massachusetts2018-07-12T22:28:47Z<p>Lisastill: /* Created by express */</p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Creation==<br />
Created by express notation otherwise presumed to be tenant in common;<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety. [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter184/Section7 MGL c. 184, sec 7]<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Creation==<br />
<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2342Tenancies in Massachusetts2018-07-12T22:16:06Z<p>Lisastill: /* Creation */</p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Creation==<br />
Created by express notation otherwise presumed to be tenant in common;<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety. [https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter184/Section7 MGL c. 184, sec 7]<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2319Tenancies in Massachusetts2018-07-12T22:06:12Z<p>Lisastill: </p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Creation==<br />
Created by express notation otherwise presumed to be tenant in common;<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2316Tenancies in Massachusetts2018-07-12T22:05:47Z<p>Lisastill: /* Created by express notation otherwise presumed to be tenant in common */</p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Creation==<br />
Created by express notation otherwise presumed to be tenant in common<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2311Tenancies in Massachusetts2018-07-12T22:05:00Z<p>Lisastill: /* Tenancy by the Entirety */</p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Created by express notation otherwise presumed to be tenant in common==<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2309Tenancies in Massachusetts2018-07-12T22:04:02Z<p>Lisastill: /* Tenancy by the Entirety */</p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Created by express notation otherwise presumed to be tenant in common<br />
A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.<br />
<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2297Tenancies in Massachusetts2018-07-12T21:57:14Z<p>Lisastill: </p>
<hr />
<div>=Tenancy by the Entirety=<br />
==Created by express==<br />
=Joint Tenants with Right of Survivorship=<br />
== Created by express==<br />
=Tenancy in Common=</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2286Tenancies in Massachusetts2018-07-12T21:55:16Z<p>Lisastill: </p>
<hr />
<div>*Tenancy by the Entirety<br />
*Joint Tenants with Right of Survivorship<br />
** Created by express<br />
*Tenancy in Common</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2270Tenancies in Massachusetts2018-07-12T21:53:10Z<p>Lisastill: </p>
<hr />
<div>*Tenancy by the Entirety<br />
*Joint Tenants with Right of Survivorship<br />
*Tenancy in Common</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2263Tenancies in Massachusetts2018-07-12T21:51:39Z<p>Lisastill: </p>
<hr />
<div>#Tenancy by the Entirety<br />
#Joint Tenants with Right of Survivorship<br />
#Tenancy in Common</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2257Tenancies in Massachusetts2018-07-12T21:51:08Z<p>Lisastill: </p>
<hr />
<div>#Tenancy by the Entirety<br />
<br />
#Joint Tenants with Right of Survivorship<br />
<br />
#Tenancy in Common</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2251Tenancies in Massachusetts2018-07-12T21:49:57Z<p>Lisastill: </p>
<hr />
<div>Tenancy by the Entirety<br />
<br />
Joint Tenants with Right of Survivorship<br />
<br />
Tenancy in Common</div>Lisastillhttps://uww.wfgnationaltitle.com/index.php?title=Tenancies_in_Massachusetts&diff=2242Tenancies in Massachusetts2018-07-12T21:47:56Z<p>Lisastill: Created page with "Tenancy by the Entirety Joint Tenants with Right of Survivorship Tenancy in Common"</p>
<hr />
<div>Tenancy by the Entirety<br />
Joint Tenants with Right of Survivorship<br />
Tenancy in Common</div>Lisastill