Skip to main content

Why can't I find my property's deed registered?

Waltham, MA |

I haven't been able to find my property's deed on the http://www.masslandrecords.com/MiddlesexSouth/ website--the link for properties listed in Waltham Massachusetts 02452. Is it possible the bank didn't registered the deed under my name?

Attorney Answers 4

Posted

It's not the bank that processes the paperwork at the Registry -- it's the Registry itself.

Is your property "registered land" or "recorded land?" You may just be looking in the wrong place. If it's registered land, then go to SEARCH CRITERIA at the top of the web page and click on "registered land."

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

Mark as helpful

1 found this helpful

2 lawyers agree

3 comments

Asker

Posted

THANKS FOR YOUR RESPONSE, MS. GOLDEN. I FOUND THE DEED FOR THE PROPERTY BUT IT HAS THE PRIOR OWNER'S NAME NOT MINE. I LOOKED UNDER 'REGISTERED LAND' AND THEN UNDER 'PROPERTY SEARCH'. CLICKED ON 'DEED' AND TWO DOCUMENTS APPEARED THE PRIOR OWNER'S AND MINE. CLICKED ON THE DOCUMENT WITH MY NAME, THEN ON 'DEED', AND IT OPENED A 'TRANSFER MEMORANDUM OF UNIT OWNERSHIP' WITH PRIOR OWNER'S NAME. THIS DOCUMENT (WHICH I CAN OPEN BY CLICKING ON MY NAME) HAS NO A SENTENCE WITH MY NAME. INSTEAD, IT SAYS "THIS IS TO EVIDENCE THAT ...(PRIOR OWNER'S NAME) IS THE UNIT OWNER IN "FEE SIMPLE". ANY OTHER DOCUMENT LISTED UNDER MY NAME IS EMPTY. EVERY LINK OPENS WITH AN "IMAGE NOT AVAILABLE" WARNING. DO YOU HAVE ANY IDEA WHY?

E. Alexandra Golden

E. Alexandra Golden

Posted

I can't tell you why without looking at the document. As Mr. Davidson suggests, you may want to contact the bank's attorney and ask him to look up your transaction.

Asker

Posted

Okay. I thank you again very much Ms. Golden.

Posted

There are several possibilities - the deed may be dated before the available online records, your name may have been misspelled when the deed was recorded, or the deed might have been misindexed. Also, some properties are recorded as what is known as registered land, which is listed under a different section of the Registry's web site. You may want to contact an attorney for assistance in locating your deed.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Dear Ms. Siegel, thank you for your response and your time--again. I've decided to contact the bank's attorney who worked on the closing. Thank you again.

Posted

Deeds are recorded by grantor (SELLER) and grantee (BUYER). To find the deed TO you, run YOUR name in the Grantee index or the prior owner's name in the Grantor index.

Note that you may have one of the relatively rare parcels which are deemed Registered land as a result of being contested in Land Court. Make sure you are running your query through the correct index.

Records are divided into time periods - make sure you are running your query in the correct period for your acquisition.

Finally, it is possible the mortagagee failed to record the deed and mortgage (unlikely) OR under a misspelled name.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Thank you Mr. Langer. I'll follow up on your advice. Worse comes to worst, I will contact my bank and approach the issue through them. Thanks again.

Keith G Langer

Keith G Langer

Posted

Please do not forget to select a "best answer." Good luck.

Posted

My colleagues are absolutely correct. There are two types of classifications - "recorded" land and "registered" land. As you live in Waltham, you should choose "Middlesex South" and check under "recorded" land and "registered land" using your name and then if that doesn't work, use your property address.

If your transaction was a purchase or a refinance of investment property, then it should have been recorded or registered as soon as possible after your closing. On the other hand, if the transaction was a refinance of your primary residence, then there is a 3 day right of rescission in which case your deed would not be recorded for a couple of days after the closing.

If these efforts fail, then office of the lender's attorney should absolutely be able to supply you with this information.

The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

Mark as helpful

1 found this helpful

1 lawyer agrees

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics