Hampshire County, Massachusetts - Recorder Information

Register of Deeds

You are NOT on the Hampshire County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.

The Registry of Deeds is responsible for recording and maintaining real property records in Hampshire County.

Recording Fees

Recording fees regardless the number of pages.

Declaration of Homestead $35
Declaration of Trust $255
Deed $155
Mortgage $205
Mortgage Foreclosure Deed & Affidavit $155
Mortgage Discharge, Release or Partial Release $105
Municipal Lien Certificate $80
UCC Documents (up to 2 debtors) $75
Federal Tax Liens (and related documents) $5
Plans (per sheet) $105
All other Documents $105

Non-statutory marginal references are $1.

Certified copies are $1 per page.

Recorded Land or Registered Land: Most property is Recorded Land and fees are now the same. If the document refers to a "Book and Page" number, it probably is Recorded Land. If it refers to a "Certificate of Title" number, it is probably Registered Land.

Excise Tax: The effective tax rate is $4.56 per $1000 or fraction thereof of taxable value, rounded up to the nearest $500. No excise tax is due when the consideration is less than $100.00.

Fees are payable by cash or check. Checks must be in the exact amount and can be made payable to the Commonwealth of Massachusetts. Provide a self-addressed stamped envelope. A phone number and address must be noted on checks.

Document Formatting Requirements

* All documents submitted for recording must be legible with original signatures. A legible, certified true-attested copy may also be submitted. Corresponding names must be printed, typed, or stamped underneath signatures.

* A proper notary acknowledgment must be included and the notary's name must be printed underneath the signature. The expiration date for the notary must be legible and noted on the document.

* Documents must be on white paper of sufficient weight (20#) to reproduce on registry scanners. All documents and attachments must be on paper no smaller than 8.5 x 11 inches and no larger than 8.5 x 14 inches.

* Printing should be on one side of the page only and should be of sufficient size and color to make legible copies. Double-sided printing will not be accepted.

* Attachments are not allowed. A document that is recordable on its own will be recorded separately. However, if a document refers to an attached exhibit, the exhibit must be attached to the document.

* On the first page, provide a "recording information area" that is free of text. This should be in the upper right corner measuring 3 inches from the top edge of the document and 3 inches from the right edge. Other margins should be of sufficient size to provide for a legible recordation. Margins that are at least 1 inch should be sufficient in size.

* Provide a document title below the 3 x 3 inch space on the first page.

* The grantee's address must appear on all deeds, mortgages, and assignment of mortgages.

* On the first page of a deed, mortgage, or discharge of mortgage, the affected property address must be listed. This can be given in the left margin.

* On the reverse side of the last page, a return address should be given,

* Provide a legal description of the real property.

* Include a recital of the amount of the full consideration in dollars or the nature of the other consideration.


REGISTERED LAND

It must be stated on a document if it is Registered Land and needs to be recorded in Land Court.

The customer is solely responsible for recording (or registering) Registered Land documents in the correct section of the Registry of Deeds. Registry personnel will make every effort to record documents in the correct section, but this is only a courtesy and the Registry bears no responsibility for recording or registering documents in the correct section. If you are not sure if your property is Registered Land, contact the Registry of Deeds.

The requirements for Registered Land documents are similar to Recorded Land documents, but there are some differences that should be noted:

* Documents pertaining to Registered Land must note the Certificate of Title number, relevant document number, and book and page number of the certificate. Registry employees are not permitted to add information to documents. If pertinent information is missing, the documents will not be registered.

* Deeds require a lot number, a plan number, a grantee address, consideration, property address, "being" clause, and the grantor must be the same as that on the Certificate of Title.

* Mortgages are required to have an exhibit containing the property description, which must have the certificate number, plan number, and lot number.

* When one tenant by the entirety named on a Certificate of Title has died, a death certificate and a certificate of no divorce must be filed.

* All documents presented for registration must be originals. The originals will be retained by the Registry of Deeds.

* If the property in question relates to both Registered and Recorded land, you must do one of two things: (a) obtain two sets of originals---one for Registered land and one for Recorded land or (b) register your documents first, have certified copies made of the Registered Land documents, then record the certified copies in the Recorded Land section.

* Most documents filed in the Registry District that can stand alone must be filed separately (i.e. do not attach a death certificate to any other document.

Re-recording of an original document to correct an error or an omission is not permitted.

To record a warranty deed, mortgage, or any other document pertaining to real property located in Hampshire County, submit the document and applicable fees to the Hampshire District Registry of Deeds. Documents can be recorded in person at the Registry of Deeds. After it is recorded, the original document will be returned when the Registry completes the recording process, which takes about one week. The Registry of Deeds handles both Recorded Land and Registered Land documents.

Effect of Recording: A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof, or an assignment of rents or profits from an estate or lease, shall not be valid as against any person, except the grantor or lessor, his heirs and devisees and persons having actual notice of it, unless it, or an office copy as provided in section thirteen of chapter thirty-six, or, with respect to such a lease or an assignment of rents or profits, a notice of lease or a notice of assignment of rents or profits, as hereinafter defined, is recorded in the registry of deeds for the county or district in which the land to which it relates lies.