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?
Elder Law Attorney
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.
Real Estate Attorney
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.
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.
Family Law Attorney
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.