Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1074 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1581 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1074
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to further clear titles to real property affected by technical irregularities in recorded
13	13	instruments.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 3
17	17	SENATE DOCKET, NO. 1581 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1074
19	19	By Mr. Moore, a petition (accompanied by bill, Senate, No. 1074) of Michael O. Moore for
20	20	legislation to further clear titles to real property affected by technical irregularities in recorded
21	21	instruments. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1804 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to further clear titles to real property affected by technical irregularities in recorded
30	30	instruments.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section
34	34	224 and inserting in place thereof the following section:-
35	35	3 Section 24. When any owner of land or of any interest in such land, signs an instrument
36	36	4in writing conveying or purporting to convey his land or any interest therein, or in any manner
37	37	5affecting or purporting to affect his title thereto or an interest therein, and the instrument,
38	38	6whether or not entitled to record or registration, is recorded or registered and indexed in the
39	39	7registry of deeds or registered land district for the district wherein such land is situated, and a
40	40	8period of ten years elapses after the instrument is accepted for record or registration, and the
41	41	9instrument or the record or registration thereof because of defect, irregularity or omission fails to 2 of 3
42	42	10comply in any respect with any requirement of law relating (1) to seals, corporate or individual,
43	43	11(2) to the form of grantor clause in which a person purports to grant, mortgage, assign, release or
44	44	12discharge an interest in real property as representative of or on behalf of a person, trust or entity
45	45	13who owns or holds such interest and is also named in the grantor clause, (3) to the form or
46	46	14validity of an acknowledgment or a certificate of acknowledgment, (4) to witnesses, attestation,
47	47	15proof, method or form of execution, or the time of execution, (5) to recitals of consideration,
48	48	16residence, address, or date, (6) to the authority of a person executing such an instrument on
49	49	17behalf of an individual under a power of attorney, (7) to the method or form by which a person
50	50	18acting under a power of attorney executes such an instrument on behalf of the principal, (8) to
51	51	19the authority of a person executing such an instrument on behalf of a trust or entity and
52	52	20purporting to hold the office or position of trustee, manager, partner, president, vice president,
53	53	21treasurer or other similar office or position, including assistant to any such office or position, or
54	54	22otherwise purporting to be an authorized signatory for such trust or entity, including under a
55	55	23power of attorney on behalf of such trust or entity, or (9) to the method or form by which such
56	56	24person executes such an instrument on behalf of a trust or entity, such instrument and the record
57	57	25thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be effective
58	58	26for all purposes to the same extent as though the instrument and the record thereof had originally
59	59	27not been subject to the defect, irregularity or omission, or to the form of grantor clause in which
60	60	28a person purports to grant, mortgage, assign, release or discharge an interest in real property in a
61	61	29capacity other than that in which such person actually owns or holds such interest, unless within
62	62	30said period of ten years a proceeding is commenced on account of the defect, irregularity or
63	63	31omission, and notice thereof pursuant to section 15 of this chapter is duly recorded or registered
64	64	32as appropriate and indexed and noted on the margin thereof under the name of the signer of the 3 of 3
65	65	33instrument, the owner or holder of the affected interest at the time of the recording or registration
66	66	34of the instrument and the record owner or holder of the interest at the time of the filing of such
67	67	35notice and, in the event of such proceeding, unless relief is thereby in due course granted.
68	68	36 SECTION 2. The provisions of this Act shall apply to instruments and documents
69	69	37recorded or registered before, on or after the effective date, except as to any such instruments or
70	70	38documents for which a court proceeding challenging the effectiveness or validity of any such
71	71	39instrument or document and the title derived therefrom has been commenced pursuant to this
72	72	40section as in effect prior to said effective date.