Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1686 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 483       FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 1686
The Commonwealth of Massachusetts
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PRESENTED BY:
Frank A. Moran
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to further clear titles to real property affected by technical irregularities in recorded 
instruments.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2023Estela A. Reyes4th Essex2/8/2023 1 of 3
HOUSE DOCKET, NO. 483       FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 1686
By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1686) of 
Frank A. Moran and Estela A. Reyes for legislation to further regulate titles to real property 
affected by technical irregularities in recorded instruments. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to further clear titles to real property affected by technical irregularities in recorded 
instruments.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. General Laws Chapter 184, Section 24 is hereby amended by deleting 
2Section 24 in its entirety and replacing the same with the following Section 24. 
3 Section 24. When any owner of land or of any interest in such land, signs an instrument 
4in writing conveying or purporting to convey his land or any interest therein, or in any manner 
5affecting or purporting to affect his title thereto or an interest therein, and the instrument, 
6whether or not entitled to record or registration, is recorded or registered and indexed in the  
7registry of deeds or registered land district for the district wherein such land is situated, and a 
8period of ten years elapses after the instrument is accepted for record or registration, and the 
9instrument or the record or registration thereof because of defect, irregularity or omission fails to 
10comply in any respect with any requirement of law relating to seals, corporate or individual, to 
11the form of grantor clause in which a person purports to grant, mortgage, assign, release or 
12discharge an interest in real property as representative of or on behalf of a person, trust or entity  2 of 3
13who owns or holds such interest and is also named in the grantor clause, to the validity of 
14acknowledgment, to a certificate of acknowledgment, witnesses, attestation, proof, method or 
15form of execution, or time of execution, to recitals of consideration, residence, address, or date, 
16to the authority of a person executing such an instrument on behalf of an individual under a 
17power of attorney, to the method by which an individual under a power of attorney executes such 
18an instrument on behalf of the principal, or to the authority of a person executing such an 
19instrument on behalf of a trust or entity and purporting to hold the office or position of trustee, 
20manager, partner, president, vice president, treasurer or other similar office or position, including 
21assistant to any such office or position, or otherwise purporting to be an authorized signatory for 
22such trust or entity, including under a power of attorney on behalf of such trust or entity, such 
23instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities 
24and omissions, be effective for all purposes to the same extent as though the instrument and the 
25record thereof had originally not been subject to the defect, irregularity or omission, or to the 
26form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge 
27an interest in real property in a capacity other than that in which such person actually owns or 
28holds such interest, unless within said period of ten years a proceeding is commenced on account 
29of the defect, irregularity or omission, and notice thereof pursuant to section 15 of this chapter is 
30duly recorded or registered as appropriate and indexed and noted on the margin thereof under the 
31name of the signer of the instrument, the owner or holder of the affected interest at the time of 
32the recording or registration of the instrument and the record owner or holder of the interest at 
33the time of the filing of such notice and, in the event of such proceeding, unless relief is thereby 
34in due course granted.  3 of 3
35 SECTION 2. The provisions of this Act shall take effect January 1, 2025, and shall apply 
36to instruments and documents recorded or registered before, on or after said date, except as to 
37any such instruments or documents for which a court proceeding challenging the effectiveness or 
38validity of any such instrument or document and the title derived therefrom has been commenced 
39pursuant to this section as in effect prior to such effective date.