Berkshire County Recorder

Berkshire County is divided into three recording districts: Berkshire North, Middle, and South. Each registry is responsible for recording and maintaining records related to real property situated in its district.

An alphabetic list of towns and cities with their respective districts can be found on the Secretary of State's website: http://www.sec.state.ma.us/rod/rodgde/gdeidx.htm

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
Certified Copies (per page) $1

Single instruments that affect more than one prior recorded instrument and/or attempt to perform two or more separate functions will be treated as a "multiple instrument" for fee purposes.

REGISTERED LAND

The fee to record a decree (not including a plan) is $125.

The fee to record a deed (issuance of new certificate) or a mortgage is $155.


Massachusetts employs an excise tax upon the transfer of any deed or other instrument whereby realty is conveyed to a purchaser. The excise is based on the consideration given for the property and applies whenever the consideration is more than $100. The tax is paid by the person making or signing the deed and is evidenced by a stamp affixed to it. The tax is $2.28 per $500 or fraction thereof.

Checks for recording fees must be in the exact amount and should be made out to the Commonwealth of Massachusetts. If a document is mailed in, a self-addressed stamped envelope must be included.

* Documents should be on white paper of sufficient weigh to reproduce in registry scanners.

* Documents containing social security numbers will not be recorded.

* Originals or certified copies are accepted for recording.

* All documents and attachments should be on paper that is no larger than 8.5 x 14 inches and no smaller than 8.5 x 11 inches.

* Printing should be single-sided only. The text should be at least 10 point font and should be in black ink.

* Documents requiring acknowledgments will not be recorded unless they are notarized in accordance with Massachusetts laws.

* The first page of the document should have a "recording information area" in the upper right corner measuring 3 inches from the top edge of the document and 3 inches from the right edge of the document that is free from all printing.

* Subsequent margins should be at least 1 inch.

* Below the 3 x 3 inch blank area on the first page, a document title should be given.

* The address (street number, street name, town, and condominium unit number, if applicable) of the property on a deed, mortgage, or a discharge of a mortgage shall be typed or printed clearly on a prominent location on the first page of the document. If the address is not on the first page of the document, it should be placed in the left margin.

* The name and mailing address of the grantee must be clearly stated on the document.

* Deeds and mortgages must reference the book and page of the deed associated with the property.

* Names in the document should be stamped, typed, or printed beneath all signatures.

* The document must specify whether it is registered land and is to be recorded in the Land Court.

* If the document refers to attached exhibits, the exhibits must be attached and included at the end of the document.

* A legal description of the property must be provided.

Berkshire County has three registries: the Northern District, Middle District, and Southern District. Registered Land documents and Recorded Land documents are both handled at the Registry of Deeds. Registered Land documents have a Certificate of Title, while Recorded Land documents do not.

The customer is solely responsible for recording registered land documents in the correct section of the registry of deeds. Registry personnel will make every effort to record documents received by mail in the correct section of the registry of deeds, but this is only a courtesy and the registry of deeds bears no responsibility for recording mailed in documents in the correct registry section.

If a document is written in a language other than English, it will not be recorded unless it is accompanied by a certified English translation. In such case, the document to be recorded shall consist of 1) the English language translation with signatures typed and preceded by "/s/" to indicate signature; 2) a certification of the accuracy of the translation, signed by the translator and acknowledged; and 3) the original foreign language document.

In most cases, the requirements for Registered Land documents are the same as those for Recorded Land; however, there are some additional requirements:

* Documents relating to Registered Land must note the Certificate of Title number, relevant document number, and book and page number of the Certificate.

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

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

* When one tenant by the entirety named on a Certificate of Title has died, a Death Certificate and Certificate of No Divorce must be filed.

* If the property in question relates to both Registered and Recorded Land, submitters must either obtain two sets of originals (one for Registered Land and one for Recorded Land), or register the documents first, have certified copies made of the Registered Land documents, and then record the certified copies as Recorded Land.

For instruments that do not meet the first page requirements, a cover sheet is available at the Registry of Deeds office.