The primary purpose of recording is to protect prospective purchasers by providing
a means of establishing the status of title to property. Anyone dealing in real
property is deemed to know any fact that has been entered on the public record.
As a general rule the recording of a document gives legal priority to those instruments,
according to the sequence in which they are recorded. Unless an instrument is recorded,
a prospective purchaser, without actual notice of its existence, is protected against
it.
The Fall River Registry of Deeds is in compliance with the requirements of Title
II of the Americans with Disabilities Act [ADA] after building an elevator and upgrading
all ADA related facilities. There are two newly renovated closing rooms available to the
general public.
Finally, we completed an important technological innovation incorporating Electronic Recording
into our already state-of-the-art recordation system.
Thank you for visiting our site and reading this note. I welcome any comments and
suggestions you may have. The Registry staff and I hope that our services are helpful
to you.
Sincerely,
Bernard J. McDonald III
Register of Deeds
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CONTACT US
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Fall River Registry of Deeds
441 North Main Street
Fall River, MA 02720
All mail is recorded the same day we receive it at the Registry.
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HOURS OF OPERATION
Building Hours: Open 8:00 a.m. until 4:30 p.m. Mon.- Fri.
Recording hours: 8:00 a.m. to 4:00 p.m. Mon. - Fri.
Also follow Fall River Registry of Deeds for up to date cancelations and closings.
Facebook - https://www.facebook.com/FallRiver.Deeds
Twitter - https://www.twitter.com/FallRiverDeeds
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Location
Registry of Deeds is located at 441 North Main Street, next to the Childrens's Museum
(formerly the Superior Court Building), 5 blocks North of the heart of Downtown Fall River.
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Telephone and Fax Numbers
Main Number: 508-673-2910
Fax number: 508-673-7633
Email Address: admin@fallriverdeeds.org
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Services:
Fees / Copy Operations
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The following cities and towns are located in the Fall River District and information
regarding land is at the Fall River Registry:
Fall River / Somerset / Swansea / Freetown-Assonet
The New Bedford Registry warehouses land data for the following communities:
New Bedford / Dartmouth / Fairhaven / Westport / Acushnet
Telephone:508-993-2603
The Taunton Registry communities are:
Taunton / Attleboro /Raynham / Dighton / Easton (and surrounding communities)
Telephone: 508-822-0502 x-110
Copying Facilities and Fees
There are three (3) public copy machines ( $0.50 per copy) operated by cash or card
and two change machines.
Other Fees:
Certified (Attested) Copies: $1.00 Plans: $1.00
To order Document, Plan or Registered land copies, do so:
1. Obtain by visiting our web site at fallriverdeeds.com $1.00 per page for all
documents or plans.
2. By mail request, including a check for fees.
3. By telephone request for: a.) faxed copy b.) mailed
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Fax
fees:
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Local: $2.00 first page, $0.75 each addtl page.
L.D. In-State: $2.50 first page, $1.00 each addtl page.
L.D. Out-of-State: $5.00 first page, $1.50 each addtl page.
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For Detailed Fee Schedule, click
here.
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Useful Links
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For Local and County websites including other sources for Real Estate information,
click on any of the following links:
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The Homestead Act
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In Massachusetts, an estate of Homestead is an interest in real property designed
to protect the possession and enjoyment of the owner or the owner's surviving spouse
against the claims of creditors by protecting the property from execution and forced
sale, so long as such person occupies or intends to occupy such property as his
or her principal place of residence.
M.G.L. c.188, ss. 1-10.
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Questions & Answers (for answers, see below)
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1.Where do I file my Homestead?
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All Homesteads must be filed in the county in which the residence is located. For
Fall River District, you may come to the Registry in person to record it or you
may mail your Homestead to the Fall River Registry of Deeds, 441 North Main Street,
Fall River, MA 02720. To acquire a claim of Homestead for a mobile home, you must
file at the city or town clerk's office in the city or town in which the mobile
home is located. Be sure the form is filled out completely and has been properly
notarized, and remember to enclose a check for the proper recording fee with the
Homestead form. The check should be made payable to the Registry of Deeds. The fees
are $35.00 for Recorded Land and $35.00 for Registered Land.
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2.Can (a) trustee(s) file for home homestead protection?
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The Massachusetts Land Court has determined that registered land held in a trust
CANNOT be given Homestead protection. There is no such provision regarding recorded
land. Until there is a court clarification, we suggest you record a Homestead, even
if your property is in trust and is not registered land.
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3.If I divide my time equally between my winter and summer residences, can I
declare a homestead on both?
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NO. A Homestead can be declared only on an applicant's primary residence, and you
can only have one residence. Neither can a husband declare a Homestead on one house,
while his wife files a Homestead on the other. The Homestead can only be declared
on one's primary residence.
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4.Is the Homestead form difficult to understand and fill out?
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NO. It simply calls for basic information. Just be careful when writing (typing)
in your Book and Page number or your Certificate of Title number. Both are shown
on your deed, or in the case of Registered Land, on your Certificate of Title.
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5.How can I get a copy of the form to fill out?
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Homestead forms may be obtained at the Fall River Law Library and at most Registries
of Deeds. They are also available at stationery stores or your local attorney's
office.
Homestead form click here:
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6.What is the filing fee?
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The cost of filing the Declaration of Homestead is $35.00 for Recorded Land or mobile
homes and $35.00 for Registered Land. The form must be signed by the declarant filing
and his/her signature must be notarized. Remember, only one joint owner files the
Homestead if the declarant is under 62, but all declarants over 62 must sign.
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7.How am I protected?
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The real property or mobile home that serves as an individual's principal residence
upon filing a Declaration of Homestead, shall be protected against attachment, levy
on execution or sale to satisfy a single person who is the sole owner of a primary
residence may file for Homestead protection to the extent of Five Hundred Thousand
Dollars ($500,000.00). Be sure to use the proper Homestead form when you are filing.
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8.How am I protected if I am 62 or older, or disabled?
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The real property or mobile homes of persons sixty-two (62) years of age or older,
regardless of marital status, or of a disabled person or persons, regardless of
age, shall be protected against attachment, seizure or execution of judgment to
the extent of Five Hundred Thousand Dollars ($500,000.00) each.
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9.Can my Homestead be terminated?
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The estate or claim of Homestead shall be terminated upon the sale or transfer of
the real property or mobile home during the declarant's lifetime, upon the death
of the surviving declarant or by a release of the Homestead estate duly signed,
sealed, and acknowledged by the declarant, and recorded at the Registry of Deeds,
or when the property ceases to be your residence.
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10.What happens to my Homestead if I should re-mortgage or take out a second
mortgage or home equity loan?
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In some cases, the lending institution may require that your Homestead be released.
In this case, once the mortgage is recorded or registered, you can record a new
Homestead. The statute in some cases, exempts first and second mortgages from Homestead
rights, so the chances are you will not have to release a Homestead to refinance
or obtain a home equity loan. Also, most standard mortgage forms used today have
a specific release of homestead rights for that particular transaction, which negates
the necessity to file a general release of Homestead.
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11.If I am over 62 and my spouse is under 62, should we both file?
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Only one joint owner under 62 years of age can file a Homestead for the family.
However, for elderly and disabled individuals, the protection up to Five Hundred
Thousand Dollars ($500,000.00) exists for each person's ownership interest. Therefore,
it is recommended that the person over 62 years of age file for the larger protection.
As the other individual owner turns 62, he/she should also apply.
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12.Will my Homestead protect my home from being taken if I go into a nursing
home?
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Liens imposed by the Massachusetts Department of Public Welfare, as a result of
the payment of Medicaid benefits, are exempted from the Homestead Protection. However,
as of the printing of this pamphlet, as long as the recipient, or the spouse of
the recipient is alive, the Commonwealth will not look to the residence for reimbursement
of Medicaid benefits. If the surviving spouse is also the recipient of Medicaid
benefits, the Commonwealth will file a claim for reimbursement from the estate for
the entire amount of Medicaid benefits paid, once the surviving recipient has died.
The rules and regulations regarding Medicaid are complicated and constantly changing.
You should seek competent legal counsel to address your specific concerns regarding
Medicaid.
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13.If I've filed a Homestead while I was under 62, when I turn 62 does the Homestead
Act automatically raise to $500,000.00 or do I have to re-file an Elderly Homestead?
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If you've filed a Homestead while you were under 62, once you've become 62 you must
come back and file an Elderly form to be entitled to the $500,000.00 dollars of
equity.
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