Bill H.1807 192nd (2021 - 2022)

Emergency Preamble

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas deferred operation of this act would tend to defeat its purposes, which include reversing the impacts of structural racism in mortgage lending, the illegal taking of title to mortgaged real property, and myriad associated damages; ending the lengthy delay of justice that thus far has meant justice denied; like that of the first true Massachusetts recording act, “For avoiding all fraudulent conveyances, and that every man may know what estate or other interest other men may have in any houses, lands, or other hereditaments they are to deal in….” 1 Mass. Colonial Records 306 (1640); facilitating the accurate and cost-effective determination of title to real estate in the commonwealth; enabling every homeowner with a mortgage on real property to know at all times who holds the mortgage and who owns the mortgage note; supporting robust real estate markets; promoting new business formation, as certainty of title facilitates home mortgage loans to start businesses; promoting municipal finance by ensuring that municipalities know who is liable for real estate taxes and other charges pertaining to real properties; deterring illegal home foreclosures by means of certain foreclosure-related criminal provisions; and re-establishing the heretofore settled meanings of certain terms defined herein; therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.