Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 185 of the General Laws is hereby amended by striking out section 48, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:-

Section 48. Immediately upon the entry of the judgement of registration, the recorder shall send a certified copy thereof, under the seal of the court, to the register of deeds for the district or districts where the land lies, and the register, as assistant recorder, shall transcribe the judgement in a book to be called the registration book, in which a leaf or leaves in consecutive order shall be devoted exclusively to each title, and note therein the day, hour and minute when said judgement is transcribed. The entry made by the assistant recorder in this book in each case shall be the original certificate of title, shall be signed by him and sealed with the seal of the court. All certificates of title shall be numbered consecutively, beginning with number one. A certified copy of the judgement of registration shall be filed and numbered by the assistant recorder, with a reference noted on it to the place of record of the original certificate of title. If, however, a complaint includes land lying in more than one district, the court shall cause the part lying in each district to be described separately by metes and bounds in the judgement or judgements of registration, the recorder shall send to the assistant recorder for each registry district a copy of the judgement containing a description of the land within that district, and the assistant recorder shall register the same; and thereafter, for all matters pertaining to registration, the portion in each district shall be treated as a separate parcel of land.

SECTION 2. Section fifty of said chapter one hundred and eighty-five is hereby repealed.

SECTION 3. Section 51 of said chapter 185, as appearing in the 1994 Official Edition, is hereby amended by striking out the first sentence.

SECTION 4. Said chapter 185 is hereby further amended by striking out sections 54 and 55, as so appearing, and inserting in place thereof the following two sections:-

Section 54. The original certificate in the registration book and any copy thereof duly certified under the signature of the recorder or an assistant recorder and the seal of the court shall be received as evidence in all courts of the commonwealth, and shall be conclusive as to all matters contained therein, except as otherwise provided in this chapter.

Section 55. Every certificate of title shall set forth the names of all the persons whose estates make up the estate in fee simple in the whole land.

SECTION 5. The first paragraph of section 59 of said chapter 185, as so appearing, is hereby amended by striking out the third sentence.

SECTION 6. Said chapter 185 is hereby further amended by striking out section 62, as so appearing, and inserting in place thereof the following section:-

Section 62. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title. After the transcription of the judgement of registration on the original complaint, any subsequent registration procured by the presentation of a forged deed or other instrument shall be null and void.

SECTION 7. Said chapter 185 is hereby further amended by striking out section 64, as so appearing, and inserting in place thereof the following section:-

Section 64. An owner desiring to convey his registered land or any portion thereof in fee shall execute a deed of conveyance, which the grantor or grantee may present to the assistant recorder in the district where the land lies. The assistant recorder shall thereupon, in accordance with the rules and instructions of the court, make out in the registration book a new certificate of title to the grantee. The assistant recorder shall note upon the new certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The last preceding certificate and any owner's duplicate certificate which is surrendered by the grantor, shall be stamped "canceled". The deed of conveyance shall be filed and endorsed with the number and place of registration of the new certificate of title of the land conveyed.

SECTION 8. Said chapter 185 is hereby further amended by striking out section 65, as so appearing, and inserting in place thereof the following section:-

Section 65. If a deed in fee is for a part only of the land described in a certificate of title, the assistant recorder shall also, in accordance with the rules and instructions of the court, enter a new certificate for the part of the land not included in the deed. In every case of transfer, the new certificate or certificates shall include all the land described in the old certificate; but no new certificate to a grantee of a part only of the land shall be invalid by reason of the failure of the assistant recorder to enter a new certificate to the grantor for the remaining unconveyed portion. If the land described in a certificate of title is divided into lots, designated by numbers or letters, with measurements of all the bonds, and a plan of said land has been filed with the recorder and verified pursuant to section fifty-one, and a certified copy thereof is recorded in the registration book with the original certificate when the registered owner makes a deed of transfer in fee of one or more of such lots, the assistant recorder may, instead of canceling such certificate and entering a new certificate to the grantor for the part of the land not included in the deed of transfer, enter on the original certificate a memorandum of such deed of transfer, with a reference to the lot or lots thereby conveyed, as designated on said plan, and stating that the certificate is canceled as to such lot or lots. Every certificate with such memorandum shall be as effectual for the purpose of showing the grantor's title to the remainder of the land not conveyed as if the old certificate had been canceled and a new certificate of such land entered; and such process may be repeated so long as there is convenient space upon the original certificate for making such memorandum of sale of lots.

SECTION 9. Said chapter 185 is hereby further amended by striking out section 68, as so appearing, and inserting in place thereof the following section:-

Section 68. Registration of a mortgage shall be made in the following manner: the assistant recorder shall enter upon the certificate of title a memorandum of the purport of the mortgage deed, the time of filing and the file number of the deed, and shall sign the memorandum. He shall also note upon the mortgage deed the time of filing and a reference to the volume and page of the registration book in which it is registered.

SECTION 10. Section 70 of said chapter 185, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

In case of foreclosure by exercising the power of sale without a previous judgement of court, the affidavit required by section fifteen of chapter two hundred and forty-four shall be filed and registered with the assistant recorder, in lieu of recording. The purchaser at the foreclosure sale or his assigns may thereupon at any time present the deed under the power of sale to the assistant recorder for filing and registration, and obtain a new certificate; but this chapter shall not prevent the mortgagor or other person in interest, prior to the entry of a new certificate of title, from directly impeaching, by bill in equity or otherwise, any foreclosure proceedings affecting registered land.

SECTION 11. Section 72 of said chapter 185, as so appearing, is hereby amended by striking out the second sentence.

SECTION 12. Section 74 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "and the surrender of the duplicate certificate".

SECTION 13. Section seventy-nine of said chapter one hundred and eighty-five is hereby repealed.

SECTION 14. Section 91 of said chapter 185, as appearing in the 1994 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- But every court making such a decree shall, upon application of the plaintiff or petitioner, order any parties before it to execute for registration any deed or instrument necessary to give effect to its decree.

SECTION 15. Section 92 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words ", and to receive an owner's duplicate therefor".

SECTION 16. Said chapter 185 is hereby further amended by striking out section 93, as so appearing, and inserting in place thereof the following section:-

Section 93. If a certified copy of a decree for partition and of the return of the commissioners is presented for registration, and if a mortgage or lease affecting a specific portion or an undivided share of the premises had previously been registered, the tenant claiming under the mortgagor or lessor shall cause the mortgage or lease to be again presented for registration, and the assistant recorder shall endorse thereon a memorandum of such partition and a description of the land set off in severalty on which such mortgage or lease remains in force.

SECTION 17. Section 94 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "with the insolvent's or bankrupt's duplicate certificate of title".

SECTION 18. Section one hundred and eleven of said chapter one hundred and eighty-five is hereby repealed.

SECTION 19. Section one hundred and thirteen of said chapter one hundred and eighty-five is hereby repealed.

SECTION 20. Section 114 of said chapter 185, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 10, the words ", or on any duplicate certificate".

SECTION 21. Section 118 of said chapter 185, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "not noted by memorandum on the duplicate certificate of title".