Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1043 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2318 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1043
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul W. Mark
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 protecting titles to real estate in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	Angelo J. Puppolo, Jr.12th Hampden2/13/2023 1 of 18
18	18	SENATE DOCKET, NO. 2318 FILED ON: 1/20/2023
19	19	SENATE . . . . . . . . . . . . . . No. 1043
20	20	By Mr. Mark, a petition (accompanied by bill, Senate, No. 1043) of Paul W. Mark and Angelo J.
21	21	Puppolo, Jr. for legislation to protect titles to real estate in Massachusetts. 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 protecting titles to real estate in Massachusetts.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. (a) This Act may be cited as the “real estate title protection act.”
31	31	2 (b) Where not explicitly specified, this Act shall be construed to apply to both registered
32	32	3and recorded land.
33	33	4 (c) Where a provision of this Act conflicts with any other provision of the General Laws
34	34	5or the deed indexing standards, this Act shall supersede that other provision or those standards.
35	35	6 SECTION 2. For the purposes of this Act, the following terms shall have the following
36	36	7meanings:
37	37	8 “Affidavit”, a document made on personal knowledge or that meets the requirements of
38	38	9the business records exception to the rule against hearsay, Rule 803(6), Federal and
39	39	10Massachusetts Rules of Evidence, “Records of a Regularly Conducted Activity.” It shall set forth
40	40	11such facts as would be admissible in evidence, and shall show affirmatively that the affiant is
41	41	12competent to testify to the matters stated therein. If it relies on the business records exception, 2 of 18
42	42	13the affidavit shall have attached to it sworn or certified copies of all documents or relevant
43	43	14excerpts thereof to which the affidavit refers. Each such excerpt must be in the form of a true and
44	44	15accurate photocopy of the entirety of the page or pages from which such an excerpt is taken, and
45	45	16must include complete and accurate photocopies of the document’s title page and table of
46	46	17contents, if applicable. Each complete page from which any such excerpt or part thereof is taken
47	47	18shall bear already-existing indicia evidencing that said page is from the document whose title
48	48	19page and table of contents, if applicable, are appended, or else shall bear already-existing indicia
49	49	20evidencing the source of each such page.
50	50	21 “Assignment of mortgage”, an instrument by which a mortgagee or holder of a mortgage
51	51	22of real property conveys such a mortgage deed to an assignee pursuant to the Statute of Frauds,
52	52	23section 1 of chapter 259 of the General Laws; section 6 of chapter 183; and other provisions of
53	53	24the General Laws applicable to a transfer of interest in real property.
54	54	25 “Authorized person”, a person authorized to act on behalf of another person as of the date
55	55	26of execution of an instrument that can affect title to real property, signed by the person on whose
56	56	27behalf the person authorized thereby is acting.
57	57	28 “Deed indexing standards”, standards for indexing documents to be recorded in the
58	58	29registries of deeds, as issued by the Massachusetts Registers and Assistant Registers of Deeds
59	59	30Association and revised from time to time.
60	60	31 “Discharge”, a duly executed and acknowledged deed of release of a mortgage of real
61	61	32property or other instrument that, by its terms, discharges or releases such a mortgage, or
62	62	33acknowledges payment or satisfaction of the debt or obligation secured by such a mortgage or 3 of 18
63	63	34the conditions contained therein; or the discharge of such a mortgage by operation of law
64	64	35pursuant to the General Laws, including section 33 of Chapter 260.
65	65	36 “Lender”, the entity(ies) who provided the funds for the mortgage directly, loan through a
66	66	37line of credit, or by any other means, except if the person is Federal National Mortgage
67	67	38Association, Federal Home Loan Mortgage Corp. or Gevernment National Mortgage
68	68	39Association.
69	69	40 “Mortgage” or “Mortgage Deed”, a conveyance, to a lender, of legal title to real property,
70	70	41in consideration of a loan whose repayment is secured by the terms and conditions of a security
71	71	42instrument.
72	72	43 “Mortgagee” or “mortgage holder”, a person who has invested funds or other
73	73	44consideration to hold legal title to real property upon which a mortgage is granted, and who is
74	74	45named as such in the mortgage or any assignment thereof.
75	75	46 “Mortgagee of Record”, a “mortgagee” or “mortgage holder” so identified in an
76	76	47instrument that thereafter was recorded.
77	77	48 “Mortgage servicer” or “servicer", the person legally authorized by the mortgagee and in
78	78	49compliance with all applicable law for servicing the mortgage loan.
79	79	50 “Mortgage servicing” or “servicing”, the receiving of any scheduled periodic payments
80	80	51from a mortgagor pursuant to the terms of any mortgage loan, the making of the payments of
81	81	52principal and interest and such other payments with respect to the amounts received from the
82	82	53mortgagor as may be required pursuant to the terms of such loan, and the provision of a written
83	83	54payoff statement with respect to the mortgage loan pursuant to section 54D of chapter 184. 4 of 18
84	84	55 “Mortgage statement”, a periodic statement that a mortgagee of residential real property
85	85	56or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage
86	86	57payment then due; the loan balance; the names and contact information, including an address and
87	87	58toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the
88	88	59mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii)
89	89	60mortgage servicer, if any, with the date as of which it became the servicer.
90	90	61 “Mortgagor”, a grantor of a mortgage originated in compliance with existing regulatory
91	91	62interpretation.
92	92	63 “Mortgage Note”, a promissory note, bearing the original signature of the mortgagor,
93	93	64promising to pay the lender, or any successor who is entitled to enforce the mortgage note, and
94	94	65specifying the requirements for the repayment of the debt including the amount, interest and
95	95	66charges.
96	96	67 “Note Owner”, the lender or a transferee of the note, who is entitled to receive payments
97	97	68under and to enforce the note.
98	98	69 “Register”, the register of deeds for the county or district within which the subject land
99	99	70lies.
100	100	71 “Residential real property”, a 1 to 6 family residential property located in the
101	101	72commonwealth.
102	102	73 SECTION 3. Attorney General to notify registers of deeds of legal developments
103	103	74 Chapter 12 of General Laws is hereby amended by adding the following section:- 5 of 18
104	104	75 Section 34. At the end of each session of the general court, and whenever otherwise
105	105	76appropriate, the Attorney General shall promptly notify the registers of statutes, regulations, and
106	106	77decisions of courts that may affect their responsibilities or operations.
107	107	78 SECTION 4A. Recordation of assignments of mortgage, affidavits of sale, foreclosure
108	108	79deeds
109	109	80 Section 12A of chapter 36 of General Laws is hereby amended by adding the following
110	110	81ten subsections:-
111	111	82 (a) A register shall not record any instrument, executed after the effective date of this act,
112	112	83unless its heading (i) is in 12 point (pica) or larger bolded font, (ii) indicates the type of
113	113	84instrument, and (iii) briefly indicates the instrument’s purpose or contents.
114	114	85 (b) A register shall not record any assignment of mortgage that is presented later than
115	115	86thirty (30) days after its date of execution, unless the said assignment of mortgage is recorded
116	116	87with an affidavit showing good cause for filing late, or with a certified copy of an order of a
117	117	88court finding that recordation after this thirty (30) day limit is warranted in the interests of
118	118	89justice.
119	119	90 (c) A register shall not record an assignment of mortgage executed before the effective
120	120	91date of this Act, but not recorded as of that date, unless presented to the appropriate registry of
121	121	92deeds within ninety (90) days of this Act’s effective date, except that the Federal National
122	122	93Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National
123	123	94Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S.
124	124	95Department of Agriculture may present such assignments of mortgage for recording up to one
125	125	96hundred eighty (180) days from the effective date of this Act. 6 of 18
126	126	97 (d) Where an assignment of a mortgage or other instrument of conveyance is to a
127	127	98securitized trust or other investment vehicle, a certified copy of that trust or other investment
128	128	99vehicle’s founding instrument must be:
129	129	100 Recorded with the assignment of mortgage, or other instrument of conveyance
130	130	101 identified on the assignment by book and page or document number in the subject
131	131	102registry
132	132	103 identified on the assignment as being available in a particular location elsewhere in the
133	133	104public record.
134	134	105 (e) A register shall not record a discharge of a mortgage of real property unless it is:
135	135	106 (i) issued by the mortgagee and identifies the present note owner, and
136	136	107 (ii) recorded, with a certified copy of the original wet-ink mortgage note in its present
137	137	108condition, demonstrating that all allonges are affixed, and marked “paid in full,” with the date of
138	138	109satisfaction of the mortgage loan.
139	139	110 (f) A register shall record an affidavit of sale pursuant to section 14 of chapter 244, only
140	140	111if it is recorded with (i) a certified copy of the notice to mortgagor of right to cure default of
141	141	112mortgage pursuant to section 35A of chapter 244, and (ii) a certified copy of the original wet-ink
142	142	113mortgage note in its present condition, demonstrating that all allonges are affixed.
143	143	114 (g) A register shall not record a foreclosure deed if it is presented more than sixty (60)
144	144	115days after the date of foreclosure, unless it is recorded with an affidavit on personal knowledge
145	145	116showing good cause for filing late, or by a certified copy of an order of a court finding that
146	146	117recordation after this sixty (60) day limit is warranted in the interests of justice. 7 of 18
147	147	118 (h) A register shall not record any foreclosure deed relative to a foreclosure occurring
148	148	119before the effective date of this Act, unless it is presented for recording to the appropriate
149	149	120registry of deeds within ninety (90) days of this Act’s effective date.
150	150	121 (i) The Division of Banks shall promptly inform all persons licensed in the
151	151	122commonwealth to lend funds upon mortgages, as well as the Federal National Mortgage
152	152	123Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage
153	153	124Association, the U.S. Department of Housing and Human Development, and the U.S.
154	154	125Department of Agriculture, of the provisions of this Act.
155	155	126 SECTION 4B: Conformance of Notary provisions with Alienation of Land provisions:
156	156	127 Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition,
157	157	128is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this
158	158	129section shall not affect the validity of any instrument or the record thereof” and replacing it with
159	159	130“Failure to comply with this section shall not affect the validity of any instrument”.
160	160	131 Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out
161	161	132subsection (b) in its entirety and replacing it with
162	162	133 “(b) Except as may be required by the Office of the Secretary of the Commonwealth for
163	163	134the issuance of an apostille, or as may be required by a register of deeds for the purpose of
164	164	135recordation or registration, and provided the form of acknowledgement, jurat, signature
165	165	136witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to
166	166	137the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183: 8 of 18
167	167	138 (i) failure of a document to contain the forms of acknowledgment, jurat, signature
168	168	139witnessing or copy certification set forth in section 15 or otherwise to comply with the
169	169	140requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of
170	170	141the underlying document;
171	171	142 (ii) failure of a document to contain the forms of acknowledgement, jurat, signature
172	172	143witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to
173	173	144accept the document for filing, or acceptance by a third party; and
174	174	145 (iii) failure of a document executed in a representative capacity to contain an
175	175	146acknowledgement that the instrument was also the voluntary or free act and deed of the principal
176	176	147or guarantor shall not affect the validity of the underlying document.”
177	177	148 Conformance of Notary provisions with Alienation of Land provisions:
178	178	149 Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition,
179	179	150is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this
180	180	151section shall not affect the validity of any instrument or the record thereof” and replacing it with
181	181	152“Failure to comply with this section shall not affect the validity of any instrument”.
182	182	153 Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out
183	183	154subsection (b) in its entirety and replacing it with
184	184	155 “(b) Except as may be required by the Office of the Secretary of the Commonwealth for
185	185	156the issuance of an apostille, or as may be required by a register of deeds for the purpose of
186	186	157recordation or registration, and provided the form of acknowledgement, jurat, signature 9 of 18
187	187	158witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to
188	188	159the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183:
189	189	160 (i) failure of a document to contain the forms of acknowledgment, jurat, signature
190	190	161witnessing or copy certification set forth in section 15 or otherwise to comply with the
191	191	162requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of
192	192	163the underlying document;
193	193	164 (ii) failure of a document to contain the forms of acknowledgement, jurat, signature
194	194	165witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to
195	195	166accept the document for filing, or acceptance by a third party; and
196	196	167 (iii) failure of a document executed in a representative capacity to contain an
197	197	168acknowledgement that the instrument was also the voluntary or free act and deed of the principal
198	198	169or guarantor shall not affect the validity of the underlying document.”
199	199	170 SECTION 5. Homeowners’ mortgage statements
200	200	171 Chapter 183 of General Laws, as appearing in the 2014 Official Edition, is hereby
201	201	172amended by inserting after section 54D the following section:-
202	202	173 “Mortgage statement”, a periodic statement that a mortgagee of residential real property
203	203	174or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage
204	204	175payment then due; the loan balance; the names and contact information, including an address and
205	205	176toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the
206	206	177mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii)
207	207	178mortgage servicer, if any, with the date as of which it became the servicer. 10 of 18
208	208	179 Section 54E. (a) Each mortgage statement concerning a mortgage of residential real
209	209	180property shall provide the names and contact information, including an address and toll-free
210	210	181telephone number, for the current (i) mortgagee, with the date as of which it became the
211	211	182mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii)
212	212	183mortgage servicer, if any, with the date as of which it became the servicer.
213	213	184 (b) Each such mortgage statement shall identify the mortgage servicer, if any, as “the
214	214	185company that you pay,” or shall use other languages sufficient to indicate the function(s) that a
215	215	186mortgage servicer performs.
216	216	187 (c) All information on each such mortgage statement shall be accurate and current as of
217	217	188the date on which the statement is transmitted.
218	218	189 (d) Failure to comply with this section shall be an unfair or deceptive practice under
219	219	190section two of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the
220	220	191mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable
221	221	192attorney’s fees under subsection four of section nine of said chapter 93A.
222	222	193 (e) The amount of $2,500 for each violation of subsection (d) shall annually, on January
223	223	1941, be adjusted in accordance with the consumer price index as defined in section one of the
224	224	195Internal Revenue Code.
225	225	196 SECTION 6. Payoff of mortgage loan: return canceled note to the mortgagor
226	226	197 Section 55 of chapter 183 of General Laws is hereby amended by adding at the end
227	227	198thereof the following three subsections:- 11 of 18
228	228	199 (l) When the mortgage loan has been paid in full, the note owner shall, within twenty (20)
229	229	200days of such payment, cause to be sent to the mortgagor the original wet-ink note in its present
230	230	201condition with all allonges affixed, and marked “Paid in Full,” with the date of satisfaction of the
231	231	202mortgage loan.
232	232	203 (m) Failure to comply with this section shall be an unfair or deceptive practice under
233	233	204section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the
234	234	205mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable
235	235	206attorney’s fees under subsection (4) of section 9 of said chapter 93A.
236	236	207 (n) The amount of $2,500 for each violation of subsection (m) shall annually, on January
237	237	2081, be adjusted in accordance with the consumer price index as defined in section one of the
238	238	209Internal Revenue Code.
239	239	210 SECTION 7. Repeal of foreclosure by entry and possession.
240	240	211 Section 70 of chapter 185 of the General Laws, as appearing in the 2014 Official Edition,
241	241	212is hereby amended by striking out the words “; but in case of foreclosure by entry and
242	242	213possession, the certificate of entry required by section 2 of chapter 244 shall be filed and
243	243	214registered by an assistant recorder in lieu of recording.” and by striking out the words “After
244	244	215possession has been obtained by the mortgagee or his assigns, by entry or by action, and has
245	245	216continued for the time required by law to complete the foreclosure, he or his assigns may request
246	246	217the land court for the entry of a new certificate, and the court, after notice to all parties in
247	247	218interest, shall have jurisdiction to hear the case, and may order the entry of a new certificate on
248	248	219such terms as equity and justice may require.” 12 of 18
249	249	220 The provisions of Section 1 of chapter 244 of the General Laws, as so appearing, are
250	250	221hereby declared in effect until the date of the enactment of this Act.
251	251	222 “Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover
252	252	223possession of the land mortgaged by an open and peaceable entry thereon, if not opposed by the
253	253	224mortgagor or other person claiming it, or by action under this chapter; and possession so
254	254	225obtained, if continued peaceably for three years from the date of recording of the memorandum
255	255	226or certificate as provided in section two, shall forever foreclose the right of redemption.
256	256	227 After the date of the enactment of this Act, the following shall be in effect:
257	257	228 “Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover
258	258	229possession of the land mortgaged by action under this chapter.”
259	259	230 Said chapter 244 of General Laws is hereby further amended by striking out section 2 and
260	260	231inserting in place thereof the following section:-
261	261	232 Section 2. Possession obtained by means of any entry under previous section 1 of Chapter
262	262	233244, or under section 70 of chapter 185, as to which a memorandum or certificate was recorded
263	263	234fewer than three years before the effective date of this act, shall never foreclose the right of
264	264	235redemption.
265	265	236 Section 8 of said chapter 244, as so appearing, is hereby amended by striking out the first
266	266	237sentence and inserting in place thereof the following sentence:- “The action may be brought by
267	267	238an assignee of the mortgagee”
268	268	239 Sections 9 and 10 of chapter 244 are hereby repealed.
269	269	240 SECTION 8. Notice to the municipality by mortgagee taking possession, conveying title 13 of 18
270	270	241 Section 15A of said Chapter 244 is hereby amended by making existing text into
271	271	242subsection 15A(a) and adding the following four paragraphs:-
272	272	243 (b) The assessor or collector of taxes shall accept such notice only if accompanied by (i) a
273	273	244certification, on personal knowledge and under the pains and penalties of perjury, that the
274	274	245mortgagee has caused to be made all other notifications required by this section and (ii) a fine of
275	275	246$100 per day for each day beyond the day by which the mortgagee was required to have made
276	276	247such notice to the municipality.
277	277	248 (c) The assessor or collector of taxes shall retain one-half of each such fine for the
278	278	249municipality. He or she shall promptly forward one-half of each such fine as revenue to the
279	279	250treasurer of the county, if the municipality is located in a county, or if not, to the treasurer of the
280	280	251commonwealth, as revenue for deposit in the general fund.
281	281	252 (d) If a mortgagee has taken possession of a property on or before the effective date of
282	282	253this act, but has not made the notifications required by section 15A of chapter 244, this fine shall
283	283	254become applicable as of thirty (30) days after the effective date of this act.
284	284	255 (e) The Commissioner of the Department of Revenue of the commonwealth shall
285	285	256promptly notify all municipalities in the commonwealth of the provisions of Section 12.
286	286	257 SECTION 9. Repeal legislative determination of weight of evidence
287	287	258 Section 35B (f) and section 35C (b) of said chapter 244, as so appearing, are hereby
288	288	259amended by striking out the word “conclusive” where it appears in the second paragraph of
289	289	260section 35B (f), between “this section shall be” and “evidence in favor of”, and in the second 14 of 18
290	290	261paragraph of Section 35C(b), where it appears between “this subsection shall be” and “evidence
291	291	262in favor of….”
292	292	263 SECTION 10. Creditor actions; mortgagee’s affidavit; assignments of mortgage; service
293	293	264members’ civil relief act proceedings
294	294	265 Said section 35C of said chapter 244, as so appearing, is hereby further amended in
295	295	266subsection (a), by striking out the words “Mortgage Electronic Registration System or”; and in
296	296	267subsection (b), by striking out the words “Prior to publishing a notice of a foreclosure sale, as
297	297	268required by section 14” and replacing them with “Prior to instituting a proceeding in land court
298	298	269or superior court pursuant to the service members’ civil relief act and again prior to publishing a
299	299	270notice of foreclosure sale as required by section 14 ,”
300	300	271 Said section 35C of said chapter 244, as so appearing, is hereby further amended by
301	301	272adding the following four subsections:-
302	302	273 (i) For each certified copy of a document appended to the affidavit required in subsection
303	303	274(b), the affidavit shall provide the name and contact information of the document custodian of
304	304	275the original document, or shall identify the document by book and page or document number as
305	305	276recorded in the registry of deeds for the county or district in which the land lies.
306	306	277 (j) Land court and superior court shall proceed with have jurisdiction in a service
307	307	278members’ civil relief case only (1) upon the filing of a mortgagee’s affidavit as required in
308	308	279subsection (b); (2) if all assignments of mortgage cited in and appended to that affidavit, whether
309	309	280original or certified copies, have been duly recorded in the registry of deeds for the county or
310	310	281district within which the land lies; and (3), where the note owner is different from the mortgagee, 15 of 18
311	311	282the mortgagee has filed a certified copy of the agency agreement or other instrument authorizing
312	312	283the mortgagee to institute that proceeding.
313	313	284 (k) Failure to comply with this section shall be an unfair or deceptive practice under
314	314	285section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the
315	315	286mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable
316	316	287attorney’s fees under subsection (4) of section 9 of said chapter 93A.
317	317	288 (l) The amount of $2,500 for each violation of subsection (e) shall annually, on January 1,
318	318	289be adjusted in accordance with the consumer price index as defined in section 1 of the Internal
319	319	290Revenue Code.
320	320	291 SECTION 11. False material statements or omissions during or in connection with
321	321	292mortgage loan process; penalties; statute of limitations; Attorney General reports
322	322	293 Section 35A of chapter 266 of General Laws is hereby amended, in subsection (a) by
323	323	294deleting “4” in the definition of “Residential mortgage loan” and substituting “6”; and, in both its
324	324	295title and in subsection (b), by deleting the word “lending” wherever it appears and substituting
325	325	296the word “loan”; and is further amended in subsection (b), after “both such fine and
326	326	297imprisonment”, by inserting the following new paragraph:-
327	327	298 Where a document including such a material statement that is false or such a material
328	328	299omission is used in connection with a foreclosure or attempted foreclosure, or a larceny or
329	329	300attempted larceny of real property whether such document is filed in a court, recorded in a
330	330	301registry of deeds, or otherwise uttered, punishment may include restitution to the victim(s),
331	331	302including the preparation and recordation at no expense to the victim(s) of whatever 16 of 18
332	332	303instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition
333	333	304from doing business in the commonwealth for any term of years or permanently; or both.
334	334	305 Said section 35A of said chapter 266, as so appearing, is hereby further amended by
335	335	306inserting, after subsection (b), the following seven new subsections:
336	336	307 (c) Whoever executes or causes to be executed, or files or causes to be filed with any
337	337	308court, or presents or causes to be presented to a registry of deeds for recording or registration,
338	338	309whether in hard copy or by means of electronic transmission, or otherwise utters any instrument
339	339	310that affects title to real property, whether residential or commercial, knowing that it is fraudulent
340	340	311or false in any material respect including by omission, by a false or fraudulent declaration, by a
341	341	312false or fraudulent signature, or by a false or fraudulent notarization, shall be punished by
342	342	313imprisonment in the state prison for not more than 5 years or by imprisonment in the house of
343	343	314correction for not more than 2 and one-half years or by a fine of not more than $50,000 in the
344	344	315case of a natural person or not more than $250,000 in the case of any other person, or by both
345	345	316fine and imprisonment. Where such a document is used in connection with a foreclosure or
346	346	317attempted foreclosure, or a larceny or attempted larceny of real property, punishment may
347	347	318include restitution to the victim(s), including the preparation and recordation at no expense to the
348	348	319victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that
349	349	320property; a prohibition from doing business in the commonwealth for any term of years or
350	350	321permanently; or both.
351	351	322 (d) The statute of limitations for a violation of subsection (c) of this section shall be ten
352	352	323(10) years from the date of execution of the document in question, the date of its presentation to 17 of 18
353	353	324a registry of deeds for recording, its date of recordation, or the date on which it was filed with or
354	354	325proferred in evidence in any court or otherwise uttered, whichever comes last.
355	355	326 (e) The provisions of subsections (c) and (d) of said section 35A of said chapter 266, as
356	356	327so appearing, shall be reproduced in 12-point (pica) bolded font, with a heading, “Criminal
357	357	328Liability for False or Fraudulent Documents,” in least 16-point bolded font, and shall be
358	358	329displayed prominently in the public area of each registry of deeds. These provisions shall also be
359	359	330reproduced legibly, with a legible heading in bolded font, on the website of each registry of
360	360	331deeds, and, as a condition of doing business in the commonwealth, on the website of any firm
361	361	332that offers e-recording services in the commonwealth.
362	362	333 (f) The Secretary of the Commonwealth shall promptly notify all firms that offer e-
363	363	334recording services in the commonwealth of the provisions of subsections (a), (b), (c), (d) and (e).
364	364	335 (g) The Attorney General shall make available to all registers, to land court, superior
365	365	336court, members of the Massachusetts bar, and on the Attorney General’s website, referral forms
366	366	337for reporting violations of section 35A , of section 30 of chapter 2606 of the General Laws, and
367	367	338of any other violations of the General Laws that concern title to real property, together with
368	368	339instructions for completing and submitting such forms to the Attorney General’s office.
369	369	340 (h) The Attorney General may refer such cases for investigation and prosecution to the
370	370	341district attorney for the county or district in which a case arises.
371	371	342 (i) The Attorney General shall report to the legislature annually, within thirty (30) days of
372	372	343the end of each fiscal year, on (1) the number of referrals received during the preceding fiscal
373	373	344year for violations identified in (g) and the violations alleged; (2) the number and types of cases
374	374	345in which civil enforcement actions or criminal charges have been brought, whether by the 18 of 18
375	375	346Attorney General’s office or by a district attorney; and (3) the status and disposition of each such
376	376	347case, including sentences of restitution to victim(s) of foreclosure and attempted foreclosure and
377	377	348larceny and attempted larceny of real property and of prohibition from doing business in the
378	378	349Commonwealth.
379	379	350 (j) The maximum amounts of all fines for violations of section 35A shall be adjusted
380	380	351annually on January 1 in accordance with the consumer price index as defined in section one of
381	381	352the Internal Revenue Code.
382	382	353 SECTION 12: Chapter 266 Section 30 subsection 5 is amended by striking out ”,60 years
383	383	354of age or older, or of a person with a disability as defined in section 13K of chapter 265,”