Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1043 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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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,”