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?
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.
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.
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.