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Massachusetts ument, and acknowledged that he/she signed it voluntarily for its stated purpose. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) __, proved to me through satisfactory evidence of identification, which was/were ________________________ __________________________________, to be the person whose name is signed on the foregoing docsetts County of __________________ } ss. On this __________ day of ______________________, 20____, before me, the undersigned notary public, personally appeared _____________________________________ced by the attached certification. 5. The facts stated above are known to be true as of our own personal knowledge. Signature Printed Name Date Signature Printed Name Date Commonwealth of Massachuelling, and we reside in this property on the date that the homestead declaration is recorded. 4. We are both at least 62 years of age physically and/or mentally disabled, which disability is evidenCertificate of Title #) 2. We each claim this property and the dwelling thereon as a homestead under Chapter 188, Section 1A of the General Laws of Massachusetts. 3. This property is our principal dwticularly described as follows (give complete legal description): (Include Book No. and Page No. for recorded deed in county Registry of Deeds Book, or other identifier, i.e., Probate Court Docket #, property located at the address of ______________ _________________________________ , in the City of _________________, and County of ____________________, Commonwealth of Massachusetts, and more par_______ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION (Elderly/Disabled Exemption) We, declare the following: and , do hereby certify and 1. That we are the owners of the following Notary) Recording Request By and When Recorded Mail To _____________________________________________ Name _____________________________________________ Address ______________________________________on whose name is signed on the foregoing document, and acknowledged that he/she signed it voluntarily for its stated purpose. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name ofpeared _______________________________________, proved to me through satisfactory evidence of identification, which was/were ________________________ __________________________________, to be the perschusetts County of __________________ Signed__________________________________ } ss. On this __________ day of ______________________, 20____, before me, the undersigned notary public, personally apd rescind this homestead as to ourselves and our minor, unmarried children. 5. The facts stated above are known to be true as of my own personal knowledge. Dated_________________ Commonwealth of Massahat the homestead declaration is recorded. 4. I expressly reserve the right, to myself and my spouse and to the survivor of us, and to the Executor or Administrator of the survivor of us, to revoke anoperty and the dwelling thereon as a homestead under Chapter 188, Section 1 of the General Laws of Massachusetts. 3. This property is my principal dwelling, and I reside in this property on the date tete legal description): (Include Book No. and Page No. for recorded deed in county Registry of Deeds Book, or other identifier, i.e., Probate Court Docket #, Certificate of Title #) 2. I claim this pr________ _________________________________ , in the City of _________________, and County of ____________________, Commonwealth of Massachusetts, and more particularly described as follows (give compl) ) ) ) ) ) HOMESTEAD DECLARATION I, _____________________________________, do hereby certify and declare the following: 1. That I am the owner of the following property located at the address of ___n Recorded Mail To _____________________________________________ Name _____________________________________________ Address _____________________________________________ City State and Zip ) ) ) ) ) mped Envelopes. You will need this because you will be asking the clerk to return a copy of the recorded Declaration. Declaration of Homestead ­Married (Instructions) 2 Recording Request By and Wherding fee. To get the specific amount of the recording fee you can contact your County Recorder. You can find its address and telephone number in your local telephone directory. One Self-Addressed Stahe self-addressed stamped envelope you've enclosed). You will need to include the following items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recoounty Recorder you will need to begin with a cover letter explaining what you have included and what you need done. You will want the clerk to record the Declaration and mail back it back to you (in t amount of the recording fee you can contact your County Recorder. You can find its address and telephone number in you local telephone directory. Mail ­If you choose to mail your Declaration to the Ce clerk you want to record a Declaration of Homestead. The clerk will help you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific wait for delivery. You can take the form to your County Recorder. You will need to bring in the original and two copies (just to be safe) of your completed and notarized Declaration. You will tell th can either record the Declaration in person or by mail. Declaration of Homestead ­Married (Instructions) 1 In Person ­Recording your Declaration in person will be quicker because you won't have to, passport, etc.). Step 4: Copies. You should make at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. Youotary Acknowledgement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver licenseould otherwise be barred. If you have questions regarding which exemption to file, you should consult a competent attorney in the Commonwealth of Massachusetts. B. RECORDING THE DECLARATION Step 3: Nady a standard homestead exemption claimed in your home, the filing of the new special exemption may cancel out the original exemption, thus opening the claim period up to new creditors whose claims wws are the same as the criteria under the Federal Social Security disability statute (42 USC 1382c(a)(3)(A) and (C)). NOTE: If you elect to file a special elderly/disabled exemption, and there is alregn it until you are in front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. Disability. The criteria for disability under the Massachusetts Homestead la off the deed to the property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to have this form notarized, so wait to sinsert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don't panic, this description can be takenou are under the age of 62 and not disabled, you should use the regular form. Below are additional instructions for the trickier sections of the form: Return Address. In the upper right hand corner, ihe appropriate form and insert your information. If you are disabled or are over the age of 62, you may be eligible for a special type of exemption, for which you should use the appropriate form. If yD ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained in the form carefully. Step 2: Completing the form. Select te) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. INSTRUCTIONS MASSACHUSETTS DECLARATION OF HOMESTEAD--MARRIED A. GETTING STARTEds or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwisagents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goomplied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no event will FindLegalForms, Inc, its egal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or iorms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide lte spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly as possible. The court may reject fDeclaration; and (iii) Declaration Form (Regular Exemption) (iv) Declaration Form (Special Exemption) You can fill out the forms on the computer by entering the requested information in the appropriard the Declaration. (vi) (if special exemption is claimed): Either disabled or at least 62 years of age. Materials This packet contains: (i) Information for the Declaration; (ii) Instructions for the t a renter; (ii) Married; (iii) You must reside in the dwelling at the time of the recording; (iv) A resident of the Commonwealth of Massachusetts; and (v) A resident of the county where you will reconformation you should read Chapter 188, Sections 1 through 10 of the Massachusetts General Laws. Requirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), noclaims or liens, (ii) first and second mortgages, (iii) any debts or encumbrance that pre-existed the declaration of homestead, (iv) spousal or child support judgments, and (v) ground rent. For more i the principal owner's death, and will protect his unmarried widow and minor children thereafter. Please note: the exemption does not protect you from: (i) federal, state or local taxes, assessments, s special rule. The drawback to this kind of exemption is that it terminates upon the death of the owners, whereas under the regular one-home/oneexemption rule, the homestead protection extends beyondal exemption that allows for each resident owner of the home to claim his/her own exemption. Thus, a married couple (both spouses over the age of 62) can claim $1,000,000 worth of exemptions under thibetween your equity and the exemption). Massachusetts law also states that while only one $500,000 exemption is available to regular households, disabled or elderly homeowners are eligible for a speciorth $1,000,000, and you have a mortgage of $300,000 (giving you $700,000 in equity), then your creditors may be able to force a sale of the home and recoup $200,000 from the proceeds (the difference hose claims. However, if your home is worth more than this exemption, and you have equity in the home that exceeds $500,000, a creditor may be able to force such a sale. For example, if your home is wth of equity in their home. This means that if your home is worth less than $500,000, it is completely protected from the claims of creditors, and you cannot be forced to sell it in order to satisfy texemption in Massachusetts; you must properly file a declaration in order to enjoy this protection. Under Massachusetts law, the homestead exemption offers homeowners protection for up to $500,000 worer be designated in the deed by which you took title, or it must be formally declared and recorded in the clerk of the county in which your residence is located. Thus, there is no automatic homestead e sold. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. In order to enjoy a homestead interest in your home in Massachusetts, it must eithho sued you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you homINFORMATION MASSACHUSETTS DECLARATION OF HOMESTEAD--MARRIED Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person w Massachusetts