Mass. Gen. Laws ch. 183 Appendix

Current through Chapter 88 of the 2022 Legislative Session
Section - Appendix

Statutory Forms of Instruments Relating to Real Estate

(1) Warranty Deed. of ____, ____ County, ____ for consideration of ____ dollars paid, grant to ____ of ____ with warranty ____ covenants ____ the ____ land ______________________________. (description and encumbrances, if any) Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(2) Quitclaim Deed. of ____, ____ County, ____ for consideration of ____ dollars paid, grant to ____ of ____ with quitclaim ____ covenants ____ the ____ land ______________________________. (description and encumbrances, if any) Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(3) Deed of Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner. ______________ executor of the will of ____ administrator of the estate of ____ tustee under ____ guardian of ____ conservator of ____ receive of theestate of ____ commissioner by the power ____ conferred by ____, and every other power, for ____, dollars paid, grant to the land in _______________ (description) Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(4) Release. of ____ County, ____ for consideration of ____ dollars paid, release to ___ of ____ the ____ land in ______________________________. (description) Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(5) Mortgage Deed. of ____, ____ County, ____ for consideration paid, grant to ____ of ____ with mortgage covenants, to secure the payment _____________ of ____ dollars in ____ years with ____ per cent interest per annum, payable semiannually, as provided in ______ note of ____ even date, the land in _____________________ (description and encumbrances, if any) This mortgage is upon the statutory condition, for any breach of which the mortgagee shall have the statutory power of sale. Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(6) Co-operative Bank Mortgage. of ____, ____ County, Massachusetts ____ for consideration paid, grant to ______ Co-operative Bank, situated ______ in ______ County, Massachusetts, with mortgage covenants, to secure the payment of ____ dollars, and interest and fines as provided in ____ note of even date, the land in (description and encumbrances, if any). _________ hereby transfer and pledge to said mortgagee ____ shares in the ____ series of its capital stock as collateral security ______ for the performance of the conditions of this mortgage, and ______ said note upon which shares said sum of dollars has been advanced to ______ by the mortgagee. The monthly payments under this mortgage are ____ dollars. In the event of an assignment of this mortgage, interest on the unpaid balance of the principal shall be at the rate of _____ per cent per annum. This mortgage is upon the statutory co-operative bank mortgage condition, for any breach of which the mortgagee shall have the statutory co-operative bank power of sale. Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(7) Extention of Mortgage. holder of a mortgage by ____ to ____ dated ____ recorded ___ with ____ Deeds, book ____, page ____, and ____ owner of the equity of redemption of the mortgaged premises, agree each for ___ sel ____, heirs, representatives and assigns, that the time provided in said mortgage for payment of the principal sum now secured thereby, namely ____ dollars, is hereby extended to ____, and the rate of interest hereafter shall be ____ per cent per annum, and said owner agrees to perform and observe the condition and covenants of said mortgage as extended, and to pay the principal and interested secured thereby when due hereunder. Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(8) Partial Release of Mortgage. the holder of a mortgage by ____ to ____ dated ____ recorded with ____ Deeds, ____ book ____, page ____, for conseration paid, release to ____ all interest acquired under said mortgage in the following described portion of the mortgaged premises ____(description)____ Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(9) Assignment of Mortgage. holder of a mortgage from ____ to ____ dated ____ recorded with ____ Deeds, ____ book ____, page ____, assign said mortgage and the note and claim secured thereby to _____________ Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(10) Discharge of Mortgage. holder of a mortgage from ____ to ____ dated ____ recorded with ____ Deeds, ____ book ____, page ____, acknowledge satisfaction of the same. Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(11) Foreclosure Deed under Power of Sale in Mortgage. holder of a mortgage from ____ to ____ dated ____ recorded with ____ Deeds, ____ book ____, page ____, by the power conferred by said mortgage and every other power for _____ dollars _____ paid, grant to _________ the premises conveyed by said mortgage. Witness ____ hand and seal this ____ day of ____ (Here add acknowledgment.) (Seal.)
(12) Affidavit of Sale under Power of Sale in Mortgage. _____________ named in the foregoing deed, make oath and say that the principal interested obligation mentioned in the mortgage above referred to was not paid or tendered or performed when due or prior to the sale, and that I published on the ____ day of ____ 19__, in the _______, a newspaper published or by its title page purporting to be published in ____ aforesaid and having a circulation therein, a notice of which the following is a true copy: (Insert advertisement.) Pursuant to said notice at the time and place therein appointed, I sold the mortgaged premises at ______ public auction by _____, and auctioneer, to _____, above named, for ______ dollars, bid by him, being the highest bid made therefor at said auction. Sworn to by the said ________ ____ 19__, before me

Forms of Acknowledgments, etc.

(13) Acknowledgment of Individual Acting in His Own Right. (Caption specifying the state and place where the acknowedgment is taken.) On this ____ day of ____ 19__, before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed. (Signature and title of officer taking acknowledgment. Seal, if required.)
(14) Acknowledgment of Individual Acting by Attorney. (Caption specifying the state and place where the acknowedgment is taken.) On this ____ day of ____ 19__, before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of said C D. (Signature and title of officer taking acknowledgment. Seal, if required.)
(15) Acknowledgment of a Corporation or Joint Stock Association. (Caption specifying the state and place where the acknowedgment is taken.) On this ____ day of ____ 19__, before me personally appeared A B, to me personally known, who, being by me duly sworn (or affirmed), did say that he is the president (or other officer or agent of the corporation or association) of (describing the corporation or association) and that the seal affixed to said instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association). (Signature and title of officer taking acknowledgment. Seal, if required.) [If the corporation or association has no corporate seal, the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that" shall be omitted, and at the end of the affidavit shall be added the words "and that said corporation (or association) has no corporate seal".]
(16) Certificate of Authority of Officer Taking Acknowledgment. (Caption specifying the state, county or place where the authentication is made.) I, ___________, clerk of the ________ in and for said county, which court is a court of record having a seal (or, I, _________, the secretary of state of such state or territory), do hereby certify that _______________, by and before whom the foregoing acknowledgement (or proof) was taken, was, at the time of taking the same, a notary public (or other officer) residing (or authorized to act) in said county, and was duly authorized by the laws of said state (territory or district) to take and certify acknowledgments or proofs of deeds of land in said state (territory or district), and further that I am well acquainted with the handwriting of said _________, and that I verily believe that the signature to said certificate of acknowledgment (or proof) is genuine. In testimony whereof, I have hereunto set my hand and affixed the seal of the said court (or state) this ______ day of _______, 19__. (Signature and title of officer certifying. Seal.)

Mass. Gen. Laws ch. 183, Appendix