Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1405

Introduced
2/16/23  

Caption

Relative to uniform real property electronic recordings

Impact

The legislation has significant ramifications on state laws concerning property transactions. It mandates that electronic documents be treated with the same validity as physical documents under various recording laws. This means that any document that meets the electronic criteria outlined in the bill will be accepted for recording, thus promoting uniformity across jurisdictions that adopt similar measures. Additionally, local registrars are empowered to implement these electronic recording systems, thereby improving workflow and record management in real estate transactions.

Summary

House Bill 1405, titled 'An Act relative to uniform real property electronic recordings', aims to establish a standardized framework for the electronic recording of real property documents in Massachusetts. The bill proposes the introduction of Chapter 110I into the General Laws, which outlines definitions and regulations surrounding electronic documents, signatures, and the recording process. This framework is intended to facilitate the transition from traditional paper-based processes to more efficient electronic systems, enhancing access to and management of land records.

Contention

While proponents of H1405 argue that the move towards electronic recordings will streamline operations and make property management more accessible, there are concerns regarding the potential security risks associated with electronic signatures and documents. Opponents fear that the bill may lead to inconsistencies in how records are treated if not sufficiently regulated. Moreover, the requirement for registrars to adapt to new technologies may present challenges, particularly for smaller counties with limited resources.

Notable_points

One noteworthy aspect of the bill is its relationship with the federal Electronic Signatures in Global and National Commerce Act, which it seeks to modify or supersede concerning state-specific recording laws. As such, the bill underscores the importance of aligning state legislation with national standards while allowing for the flexibility needed to adapt to local jurisdictions' needs. Overall, H1405 represents a significant step in modernizing property law and enhancing the efficiency of real property transactions in Massachusetts.

Companion Bills

MA H4517

Replaced by Study Order

Previously Filed As

MA H1602

Relative to uniform real property electronic recordings

MA B26-0031

Uniform Electronic Estate Planning Documents Act of 2025

MA SB1779

Relating to the adoption of the Uniform Electronic Estate Planning Documents Act.

MA HB584

Relative to the Uniform Commercial Code's article on controllable electronic records.

MA SB468

Estate planning; creating the Uniform Electronic Estate Planning Documents Act; electronic will; affidavit; electronic record and signature. Effective date.

MA HB1013

Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs.

MA HB1013

Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs.

MA S307

GSC NC Uniform Electronic Wills Act

MA SF1030

Uniform Electronic Wills Act adoption

MA SB2127

The Uniform Electronic Estate Planning Documents Act; and to provide for application.

Similar Bills

CA AB2165

Electronic filing and service of documents.

CA SB666

Service of papers: electronic service by court.

CA AB2283

Civil actions: electronic service.

CA AB2961

Civil procedure: electronic filing and service.

CA SB1146

Civil procedure: electronic filing, trial delays, and remote depositions.

DC B26-0031

Uniform Electronic Estate Planning Documents Act of 2025

HI HB1029

Relating To The Use Of Electronic Filing By The Public Utilities Commission.

HI HB1029

Relating To The Use Of Electronic Filing By The Public Utilities Commission.