Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1726 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 285 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1726
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to further clear titles to real property affected by technical irregularities in recorded
13	13	instruments.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/11/2023 1 of 3
17	17	HOUSE DOCKET, NO. 285 FILED ON: 1/11/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1726
19	19	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1726) of
20	20	Angelo J. Puppolo, Jr. for legislation to further clear titles to real property affected by technical
21	21	irregularities in recorded instruments. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to further clear titles to real property affected by technical irregularities in recorded
28	28	instruments.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section
32	32	224 and inserting in place thereof the following section:-
33	33	3 Section 24. When any owner of land or of any interest in such land, signs an instrument
34	34	4in writing conveying or purporting to convey his land or any interest therein, or in any manner
35	35	5affecting or purporting to affect his title thereto or an interest therein, and the instrument,
36	36	6whether or not entitled to record or registration, is recorded or registered and indexed in the
37	37	7registry of deeds or registered land district for the district wherein such land is situated, and a
38	38	8period of ten years elapses after the instrument is accepted for record or registration, and the
39	39	9instrument or the record or registration thereof because of defect, irregularity or omission fails to
40	40	10comply in any respect with any requirement of law relating (1) to seals, corporate or individual,
41	41	11(2) to the form of grantor clause in which a person purports to grant, mortgage, assign, release or
42	42	12discharge an interest in real property as representative of or on behalf of a person, trust or entity 2 of 3
43	43	13who owns or holds such interest and is also named in the grantor clause, (3) to the form or
44	44	14validity of an acknowledgment or a certificate of acknowledgment, (4) to witnesses, attestation,
45	45	15proof, method or form of execution, or the time of execution, (5) to recitals of consideration,
46	46	16residence, address, or date, (6) to the authority of a person executing such an instrument on
47	47	17behalf of an individual under a power of attorney, (7) to the method or form by which a person
48	48	18acting under a power of attorney executes such an instrument on behalf of the principal, (8) to
49	49	19the authority of a person executing such an instrument on behalf of a trust or entity and
50	50	20purporting to hold the office or position of trustee, manager, partner, president, vice president,
51	51	21treasurer or other similar office or position, including assistant to any such office or position, or
52	52	22otherwise purporting to be an authorized signatory for such trust or entity, including under a
53	53	23power of attorney on behalf of such trust or entity, or (9) to the method or form by which such
54	54	24person executes such an instrument on behalf of a trust or entity, such instrument and the record
55	55	25thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be effective
56	56	26for all purposes to the same extent as though the instrument and the record thereof had originally
57	57	27not been subject to the defect, irregularity or omission, or to the form of grantor clause in which
58	58	28a person purports to grant, mortgage, assign, release or discharge an interest in real property in a
59	59	29capacity other than that in which such person actually owns or holds such interest, unless within
60	60	30said period of ten years a proceeding is commenced on account of the defect, irregularity or
61	61	31omission, and notice thereof pursuant to section 15 of this chapter is duly recorded or registered
62	62	32as appropriate and indexed and noted on the margin thereof under the name of the signer of the
63	63	33instrument, the owner or holder of the affected interest at the time of the recording or registration
64	64	34of the instrument and the record owner or holder of the interest at the time of the filing of such
65	65	35notice and, in the event of such proceeding, unless relief is thereby in due course granted. 3 of 3
66	66	36 SECTION 2. The provisions of this Act shall apply to instruments and documents
67	67	37recorded or registered before, on or after the effective date, except as to any such instruments or
68	68	38documents for which a court proceeding challenging the effectiveness or validity of any such
69	69	39instrument or document and the title derived therefrom has been commenced pursuant to this
70	70	40section as in effect prior to said effective date.