1 of 1 SENATE DOCKET, NO. 2318 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1043 The Commonwealth of Massachusetts _________________ PRESENTED BY: Paul W. Mark _________________ 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 protecting titles to real estate in Massachusetts. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and Hampshire Angelo J. Puppolo, Jr.12th Hampden2/13/2023 1 of 18 SENATE DOCKET, NO. 2318 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1043 By Mr. Mark, a petition (accompanied by bill, Senate, No. 1043) of Paul W. Mark and Angelo J. Puppolo, Jr. for legislation to protect titles to real estate in Massachusetts. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act protecting titles to real estate in Massachusetts. 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. (a) This Act may be cited as the “real estate title protection act.” 2 (b) Where not explicitly specified, this Act shall be construed to apply to both registered 3and recorded land. 4 (c) Where a provision of this Act conflicts with any other provision of the General Laws 5or the deed indexing standards, this Act shall supersede that other provision or those standards. 6 SECTION 2. For the purposes of this Act, the following terms shall have the following 7meanings: 8 “Affidavit”, a document made on personal knowledge or that meets the requirements of 9the business records exception to the rule against hearsay, Rule 803(6), Federal and 10Massachusetts Rules of Evidence, “Records of a Regularly Conducted Activity.” It shall set forth 11such facts as would be admissible in evidence, and shall show affirmatively that the affiant is 12competent to testify to the matters stated therein. If it relies on the business records exception, 2 of 18 13the affidavit shall have attached to it sworn or certified copies of all documents or relevant 14excerpts thereof to which the affidavit refers. Each such excerpt must be in the form of a true and 15accurate photocopy of the entirety of the page or pages from which such an excerpt is taken, and 16must include complete and accurate photocopies of the document’s title page and table of 17contents, if applicable. Each complete page from which any such excerpt or part thereof is taken 18shall bear already-existing indicia evidencing that said page is from the document whose title 19page and table of contents, if applicable, are appended, or else shall bear already-existing indicia 20evidencing the source of each such page. 21 “Assignment of mortgage”, an instrument by which a mortgagee or holder of a mortgage 22of real property conveys such a mortgage deed to an assignee pursuant to the Statute of Frauds, 23section 1 of chapter 259 of the General Laws; section 6 of chapter 183; and other provisions of 24the General Laws applicable to a transfer of interest in real property. 25 “Authorized person”, a person authorized to act on behalf of another person as of the date 26of execution of an instrument that can affect title to real property, signed by the person on whose 27behalf the person authorized thereby is acting. 28 “Deed indexing standards”, standards for indexing documents to be recorded in the 29registries of deeds, as issued by the Massachusetts Registers and Assistant Registers of Deeds 30Association and revised from time to time. 31 “Discharge”, a duly executed and acknowledged deed of release of a mortgage of real 32property or other instrument that, by its terms, discharges or releases such a mortgage, or 33acknowledges payment or satisfaction of the debt or obligation secured by such a mortgage or 3 of 18 34the conditions contained therein; or the discharge of such a mortgage by operation of law 35pursuant to the General Laws, including section 33 of Chapter 260. 36 “Lender”, the entity(ies) who provided the funds for the mortgage directly, loan through a 37line of credit, or by any other means, except if the person is Federal National Mortgage 38Association, Federal Home Loan Mortgage Corp. or Gevernment National Mortgage 39Association. 40 “Mortgage” or “Mortgage Deed”, a conveyance, to a lender, of legal title to real property, 41in consideration of a loan whose repayment is secured by the terms and conditions of a security 42instrument. 43 “Mortgagee” or “mortgage holder”, a person who has invested funds or other 44consideration to hold legal title to real property upon which a mortgage is granted, and who is 45named as such in the mortgage or any assignment thereof. 46 “Mortgagee of Record”, a “mortgagee” or “mortgage holder” so identified in an 47instrument that thereafter was recorded. 48 “Mortgage servicer” or “servicer", the person legally authorized by the mortgagee and in 49compliance with all applicable law for servicing the mortgage loan. 50 “Mortgage servicing” or “servicing”, the receiving of any scheduled periodic payments 51from a mortgagor pursuant to the terms of any mortgage loan, the making of the payments of 52principal and interest and such other payments with respect to the amounts received from the 53mortgagor as may be required pursuant to the terms of such loan, and the provision of a written 54payoff statement with respect to the mortgage loan pursuant to section 54D of chapter 184. 4 of 18 55 “Mortgage statement”, a periodic statement that a mortgagee of residential real property 56or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage 57payment then due; the loan balance; the names and contact information, including an address and 58toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the 59mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) 60mortgage servicer, if any, with the date as of which it became the servicer. 61 “Mortgagor”, a grantor of a mortgage originated in compliance with existing regulatory 62interpretation. 63 “Mortgage Note”, a promissory note, bearing the original signature of the mortgagor, 64promising to pay the lender, or any successor who is entitled to enforce the mortgage note, and 65specifying the requirements for the repayment of the debt including the amount, interest and 66charges. 67 “Note Owner”, the lender or a transferee of the note, who is entitled to receive payments 68under and to enforce the note. 69 “Register”, the register of deeds for the county or district within which the subject land 70lies. 71 “Residential real property”, a 1 to 6 family residential property located in the 72commonwealth. 73 SECTION 3. Attorney General to notify registers of deeds of legal developments 74 Chapter 12 of General Laws is hereby amended by adding the following section:- 5 of 18 75 Section 34. At the end of each session of the general court, and whenever otherwise 76appropriate, the Attorney General shall promptly notify the registers of statutes, regulations, and 77decisions of courts that may affect their responsibilities or operations. 78 SECTION 4A. Recordation of assignments of mortgage, affidavits of sale, foreclosure 79deeds 80 Section 12A of chapter 36 of General Laws is hereby amended by adding the following 81ten subsections:- 82 (a) A register shall not record any instrument, executed after the effective date of this act, 83unless its heading (i) is in 12 point (pica) or larger bolded font, (ii) indicates the type of 84instrument, and (iii) briefly indicates the instrument’s purpose or contents. 85 (b) A register shall not record any assignment of mortgage that is presented later than 86thirty (30) days after its date of execution, unless the said assignment of mortgage is recorded 87with an affidavit showing good cause for filing late, or with a certified copy of an order of a 88court finding that recordation after this thirty (30) day limit is warranted in the interests of 89justice. 90 (c) A register shall not record an assignment of mortgage executed before the effective 91date of this Act, but not recorded as of that date, unless presented to the appropriate registry of 92deeds within ninety (90) days of this Act’s effective date, except that the Federal National 93Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National 94Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S. 95Department of Agriculture may present such assignments of mortgage for recording up to one 96hundred eighty (180) days from the effective date of this Act. 6 of 18 97 (d) Where an assignment of a mortgage or other instrument of conveyance is to a 98securitized trust or other investment vehicle, a certified copy of that trust or other investment 99vehicle’s founding instrument must be: 100 Recorded with the assignment of mortgage, or other instrument of conveyance 101 identified on the assignment by book and page or document number in the subject 102registry 103 identified on the assignment as being available in a particular location elsewhere in the 104public record. 105 (e) A register shall not record a discharge of a mortgage of real property unless it is: 106 (i) issued by the mortgagee and identifies the present note owner, and 107 (ii) recorded, with a certified copy of the original wet-ink mortgage note in its present 108condition, demonstrating that all allonges are affixed, and marked “paid in full,” with the date of 109satisfaction of the mortgage loan. 110 (f) A register shall record an affidavit of sale pursuant to section 14 of chapter 244, only 111if it is recorded with (i) a certified copy of the notice to mortgagor of right to cure default of 112mortgage pursuant to section 35A of chapter 244, and (ii) a certified copy of the original wet-ink 113mortgage note in its present condition, demonstrating that all allonges are affixed. 114 (g) A register shall not record a foreclosure deed if it is presented more than sixty (60) 115days after the date of foreclosure, unless it is recorded with an affidavit on personal knowledge 116showing good cause for filing late, or by a certified copy of an order of a court finding that 117recordation after this sixty (60) day limit is warranted in the interests of justice. 7 of 18 118 (h) A register shall not record any foreclosure deed relative to a foreclosure occurring 119before the effective date of this Act, unless it is presented for recording to the appropriate 120registry of deeds within ninety (90) days of this Act’s effective date. 121 (i) The Division of Banks shall promptly inform all persons licensed in the 122commonwealth to lend funds upon mortgages, as well as the Federal National Mortgage 123Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage 124Association, the U.S. Department of Housing and Human Development, and the U.S. 125Department of Agriculture, of the provisions of this Act. 126 SECTION 4B: Conformance of Notary provisions with Alienation of Land provisions: 127 Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition, 128is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this 129section shall not affect the validity of any instrument or the record thereof” and replacing it with 130“Failure to comply with this section shall not affect the validity of any instrument”. 131 Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out 132subsection (b) in its entirety and replacing it with 133 “(b) Except as may be required by the Office of the Secretary of the Commonwealth for 134the issuance of an apostille, or as may be required by a register of deeds for the purpose of 135recordation or registration, and provided the form of acknowledgement, jurat, signature 136witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to 137the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183: 8 of 18 138 (i) failure of a document to contain the forms of acknowledgment, jurat, signature 139witnessing or copy certification set forth in section 15 or otherwise to comply with the 140requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of 141the underlying document; 142 (ii) failure of a document to contain the forms of acknowledgement, jurat, signature 143witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to 144accept the document for filing, or acceptance by a third party; and 145 (iii) failure of a document executed in a representative capacity to contain an 146acknowledgement that the instrument was also the voluntary or free act and deed of the principal 147or guarantor shall not affect the validity of the underlying document.” 148 Conformance of Notary provisions with Alienation of Land provisions: 149 Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition, 150is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this 151section shall not affect the validity of any instrument or the record thereof” and replacing it with 152“Failure to comply with this section shall not affect the validity of any instrument”. 153 Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out 154subsection (b) in its entirety and replacing it with 155 “(b) Except as may be required by the Office of the Secretary of the Commonwealth for 156the issuance of an apostille, or as may be required by a register of deeds for the purpose of 157recordation or registration, and provided the form of acknowledgement, jurat, signature 9 of 18 158witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to 159the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183: 160 (i) failure of a document to contain the forms of acknowledgment, jurat, signature 161witnessing or copy certification set forth in section 15 or otherwise to comply with the 162requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of 163the underlying document; 164 (ii) failure of a document to contain the forms of acknowledgement, jurat, signature 165witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to 166accept the document for filing, or acceptance by a third party; and 167 (iii) failure of a document executed in a representative capacity to contain an 168acknowledgement that the instrument was also the voluntary or free act and deed of the principal 169or guarantor shall not affect the validity of the underlying document.” 170 SECTION 5. Homeowners’ mortgage statements 171 Chapter 183 of General Laws, as appearing in the 2014 Official Edition, is hereby 172amended by inserting after section 54D the following section:- 173 “Mortgage statement”, a periodic statement that a mortgagee of residential real property 174or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage 175payment then due; the loan balance; the names and contact information, including an address and 176toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the 177mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) 178mortgage servicer, if any, with the date as of which it became the servicer. 10 of 18 179 Section 54E. (a) Each mortgage statement concerning a mortgage of residential real 180property shall provide the names and contact information, including an address and toll-free 181telephone number, for the current (i) mortgagee, with the date as of which it became the 182mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) 183mortgage servicer, if any, with the date as of which it became the servicer. 184 (b) Each such mortgage statement shall identify the mortgage servicer, if any, as “the 185company that you pay,” or shall use other languages sufficient to indicate the function(s) that a 186mortgage servicer performs. 187 (c) All information on each such mortgage statement shall be accurate and current as of 188the date on which the statement is transmitted. 189 (d) Failure to comply with this section shall be an unfair or deceptive practice under 190section two of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the 191mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable 192attorney’s fees under subsection four of section nine of said chapter 93A. 193 (e) The amount of $2,500 for each violation of subsection (d) shall annually, on January 1941, be adjusted in accordance with the consumer price index as defined in section one of the 195Internal Revenue Code. 196 SECTION 6. Payoff of mortgage loan: return canceled note to the mortgagor 197 Section 55 of chapter 183 of General Laws is hereby amended by adding at the end 198thereof the following three subsections:- 11 of 18 199 (l) When the mortgage loan has been paid in full, the note owner shall, within twenty (20) 200days of such payment, cause to be sent to the mortgagor the original wet-ink note in its present 201condition with all allonges affixed, and marked “Paid in Full,” with the date of satisfaction of the 202mortgage loan. 203 (m) Failure to comply with this section shall be an unfair or deceptive practice under 204section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the 205mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable 206attorney’s fees under subsection (4) of section 9 of said chapter 93A. 207 (n) The amount of $2,500 for each violation of subsection (m) shall annually, on January 2081, be adjusted in accordance with the consumer price index as defined in section one of the 209Internal Revenue Code. 210 SECTION 7. Repeal of foreclosure by entry and possession. 211 Section 70 of chapter 185 of the General Laws, as appearing in the 2014 Official Edition, 212is hereby amended by striking out the words “; but in case of foreclosure by entry and 213possession, the certificate of entry required by section 2 of chapter 244 shall be filed and 214registered by an assistant recorder in lieu of recording.” and by striking out the words “After 215possession has been obtained by the mortgagee or his assigns, by entry or by action, and has 216continued for the time required by law to complete the foreclosure, he or his assigns may request 217the land court for the entry of a new certificate, and the court, after notice to all parties in 218interest, shall have jurisdiction to hear the case, and may order the entry of a new certificate on 219such terms as equity and justice may require.” 12 of 18 220 The provisions of Section 1 of chapter 244 of the General Laws, as so appearing, are 221hereby declared in effect until the date of the enactment of this Act. 222 “Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover 223possession of the land mortgaged by an open and peaceable entry thereon, if not opposed by the 224mortgagor or other person claiming it, or by action under this chapter; and possession so 225obtained, if continued peaceably for three years from the date of recording of the memorandum 226or certificate as provided in section two, shall forever foreclose the right of redemption. 227 After the date of the enactment of this Act, the following shall be in effect: 228 “Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover 229possession of the land mortgaged by action under this chapter.” 230 Said chapter 244 of General Laws is hereby further amended by striking out section 2 and 231inserting in place thereof the following section:- 232 Section 2. Possession obtained by means of any entry under previous section 1 of Chapter 233244, or under section 70 of chapter 185, as to which a memorandum or certificate was recorded 234fewer than three years before the effective date of this act, shall never foreclose the right of 235redemption. 236 Section 8 of said chapter 244, as so appearing, is hereby amended by striking out the first 237sentence and inserting in place thereof the following sentence:- “The action may be brought by 238an assignee of the mortgagee” 239 Sections 9 and 10 of chapter 244 are hereby repealed. 240 SECTION 8. Notice to the municipality by mortgagee taking possession, conveying title 13 of 18 241 Section 15A of said Chapter 244 is hereby amended by making existing text into 242subsection 15A(a) and adding the following four paragraphs:- 243 (b) The assessor or collector of taxes shall accept such notice only if accompanied by (i) a 244certification, on personal knowledge and under the pains and penalties of perjury, that the 245mortgagee has caused to be made all other notifications required by this section and (ii) a fine of 246$100 per day for each day beyond the day by which the mortgagee was required to have made 247such notice to the municipality. 248 (c) The assessor or collector of taxes shall retain one-half of each such fine for the 249municipality. He or she shall promptly forward one-half of each such fine as revenue to the 250treasurer of the county, if the municipality is located in a county, or if not, to the treasurer of the 251commonwealth, as revenue for deposit in the general fund. 252 (d) If a mortgagee has taken possession of a property on or before the effective date of 253this act, but has not made the notifications required by section 15A of chapter 244, this fine shall 254become applicable as of thirty (30) days after the effective date of this act. 255 (e) The Commissioner of the Department of Revenue of the commonwealth shall 256promptly notify all municipalities in the commonwealth of the provisions of Section 12. 257 SECTION 9. Repeal legislative determination of weight of evidence 258 Section 35B (f) and section 35C (b) of said chapter 244, as so appearing, are hereby 259amended by striking out the word “conclusive” where it appears in the second paragraph of 260section 35B (f), between “this section shall be” and “evidence in favor of”, and in the second 14 of 18 261paragraph of Section 35C(b), where it appears between “this subsection shall be” and “evidence 262in favor of….” 263 SECTION 10. Creditor actions; mortgagee’s affidavit; assignments of mortgage; service 264members’ civil relief act proceedings 265 Said section 35C of said chapter 244, as so appearing, is hereby further amended in 266subsection (a), by striking out the words “Mortgage Electronic Registration System or”; and in 267subsection (b), by striking out the words “Prior to publishing a notice of a foreclosure sale, as 268required by section 14” and replacing them with “Prior to instituting a proceeding in land court 269or superior court pursuant to the service members’ civil relief act and again prior to publishing a 270notice of foreclosure sale as required by section 14 ,” 271 Said section 35C of said chapter 244, as so appearing, is hereby further amended by 272adding the following four subsections:- 273 (i) For each certified copy of a document appended to the affidavit required in subsection 274(b), the affidavit shall provide the name and contact information of the document custodian of 275the original document, or shall identify the document by book and page or document number as 276recorded in the registry of deeds for the county or district in which the land lies. 277 (j) Land court and superior court shall proceed with have jurisdiction in a service 278members’ civil relief case only (1) upon the filing of a mortgagee’s affidavit as required in 279subsection (b); (2) if all assignments of mortgage cited in and appended to that affidavit, whether 280original or certified copies, have been duly recorded in the registry of deeds for the county or 281district within which the land lies; and (3), where the note owner is different from the mortgagee, 15 of 18 282the mortgagee has filed a certified copy of the agency agreement or other instrument authorizing 283the mortgagee to institute that proceeding. 284 (k) Failure to comply with this section shall be an unfair or deceptive practice under 285section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the 286mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable 287attorney’s fees under subsection (4) of section 9 of said chapter 93A. 288 (l) The amount of $2,500 for each violation of subsection (e) shall annually, on January 1, 289be adjusted in accordance with the consumer price index as defined in section 1 of the Internal 290Revenue Code. 291 SECTION 11. False material statements or omissions during or in connection with 292mortgage loan process; penalties; statute of limitations; Attorney General reports 293 Section 35A of chapter 266 of General Laws is hereby amended, in subsection (a) by 294deleting “4” in the definition of “Residential mortgage loan” and substituting “6”; and, in both its 295title and in subsection (b), by deleting the word “lending” wherever it appears and substituting 296the word “loan”; and is further amended in subsection (b), after “both such fine and 297imprisonment”, by inserting the following new paragraph:- 298 Where a document including such a material statement that is false or such a material 299omission is used in connection with a foreclosure or attempted foreclosure, or a larceny or 300attempted larceny of real property whether such document is filed in a court, recorded in a 301registry of deeds, or otherwise uttered, punishment may include restitution to the victim(s), 302including the preparation and recordation at no expense to the victim(s) of whatever 16 of 18 303instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition 304from doing business in the commonwealth for any term of years or permanently; or both. 305 Said section 35A of said chapter 266, as so appearing, is hereby further amended by 306inserting, after subsection (b), the following seven new subsections: 307 (c) Whoever executes or causes to be executed, or files or causes to be filed with any 308court, or presents or causes to be presented to a registry of deeds for recording or registration, 309whether in hard copy or by means of electronic transmission, or otherwise utters any instrument 310that affects title to real property, whether residential or commercial, knowing that it is fraudulent 311or false in any material respect including by omission, by a false or fraudulent declaration, by a 312false or fraudulent signature, or by a false or fraudulent notarization, shall be punished by 313imprisonment in the state prison for not more than 5 years or by imprisonment in the house of 314correction for not more than 2 and one-half years or by a fine of not more than $50,000 in the 315case of a natural person or not more than $250,000 in the case of any other person, or by both 316fine and imprisonment. Where such a document is used in connection with a foreclosure or 317attempted foreclosure, or a larceny or attempted larceny of real property, punishment may 318include restitution to the victim(s), including the preparation and recordation at no expense to the 319victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that 320property; a prohibition from doing business in the commonwealth for any term of years or 321permanently; or both. 322 (d) The statute of limitations for a violation of subsection (c) of this section shall be ten 323(10) years from the date of execution of the document in question, the date of its presentation to 17 of 18 324a registry of deeds for recording, its date of recordation, or the date on which it was filed with or 325proferred in evidence in any court or otherwise uttered, whichever comes last. 326 (e) The provisions of subsections (c) and (d) of said section 35A of said chapter 266, as 327so appearing, shall be reproduced in 12-point (pica) bolded font, with a heading, “Criminal 328Liability for False or Fraudulent Documents,” in least 16-point bolded font, and shall be 329displayed prominently in the public area of each registry of deeds. These provisions shall also be 330reproduced legibly, with a legible heading in bolded font, on the website of each registry of 331deeds, and, as a condition of doing business in the commonwealth, on the website of any firm 332that offers e-recording services in the commonwealth. 333 (f) The Secretary of the Commonwealth shall promptly notify all firms that offer e- 334recording services in the commonwealth of the provisions of subsections (a), (b), (c), (d) and (e). 335 (g) The Attorney General shall make available to all registers, to land court, superior 336court, members of the Massachusetts bar, and on the Attorney General’s website, referral forms 337for reporting violations of section 35A , of section 30 of chapter 2606 of the General Laws, and 338of any other violations of the General Laws that concern title to real property, together with 339instructions for completing and submitting such forms to the Attorney General’s office. 340 (h) The Attorney General may refer such cases for investigation and prosecution to the 341district attorney for the county or district in which a case arises. 342 (i) The Attorney General shall report to the legislature annually, within thirty (30) days of 343the end of each fiscal year, on (1) the number of referrals received during the preceding fiscal 344year for violations identified in (g) and the violations alleged; (2) the number and types of cases 345in which civil enforcement actions or criminal charges have been brought, whether by the 18 of 18 346Attorney General’s office or by a district attorney; and (3) the status and disposition of each such 347case, including sentences of restitution to victim(s) of foreclosure and attempted foreclosure and 348larceny and attempted larceny of real property and of prohibition from doing business in the 349Commonwealth. 350 (j) The maximum amounts of all fines for violations of section 35A shall be adjusted 351annually on January 1 in accordance with the consumer price index as defined in section one of 352the Internal Revenue Code. 353 SECTION 12: Chapter 266 Section 30 subsection 5 is amended by striking out ”,60 years 354of age or older, or of a person with a disability as defined in section 13K of chapter 265,”