General Laws of Massachusetts - Chapter 183 Alienation of Land

• Massachusetts General Laws - Acts or ceremonies necessary for conveyance - Chapter 183, Section 1
  A deed executed and delivered by the person, or by the attorney of the person, having authority therefor, shall, subject to the limitations of section...
• Massachusetts General Laws - Instruments not under seal - Chapter 183, Section 1A
  No instrument purporting to affect an interest in land shall be void because it is not sealed or does not recite a seal.
• Massachusetts General Laws - Estate conveyed by quitclaim deed - Chapter 183, Section 2
  A deed of quitclaim and release shall be sufficient to convey all the estate which could lawfully be conveyed by a deed of bargain and
• Massachusetts General Laws - Estate created without instrument in writing - Chapter 183, Section 3
  An estate or interest in land created without an instrument in writing signed by the grantor or by his attorney shall have the force and...
• Massachusetts General Laws - Effect of recordation or actual notice of deeds or leases, or of assignments of rents or profits - Chapter 183, Section 4
  A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof,...
• Massachusetts General Laws - Recording of instruments; evidence of delivery - Chapter 183, Section 5
  The record of a deed, lease, power of attorney or other instrument, duly acknowledged or proved as provided in this chapter, and purporting to affect...
• Massachusetts General Laws - Recording of statements relating to title; use as evidence - Chapter 183, Section 5A
  A statement of a person’s married or unmarried status, kinship or lack of kinship, or of the date of his birth or death, which relates...
• Massachusetts General Laws - Affidavits relating to title; recording - Chapter 183, Section 5B
  Subject to section 15 of chapter 184, an affidavit made by a person claiming to have personal knowledge of the facts therein stated and containing...
• Massachusetts General Laws - Name and address of grantee; recital of consideration; failure to comply - Chapter 183, Section 6
  Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a...
• Massachusetts General Laws - Instruments conveying unregistered land; sufficient description or identification; recording; failure to comply - Chapter 183, Section 6A
  No instrument conveying unregistered land shall be accepted for recording unless (a) the instrument indicates that the land conveyed is the same as described in...
• Massachusetts General Laws - Address of property affected - Chapter 183, Section 6B
  All documents to be recorded in the land court or registry of deeds shall, where applicable, set forth in the margin the street address of...
• Massachusetts General Laws - Residence and address of mortgagee or assignee - Chapter 183, Section 6C
  Every mortgage and assignment of a mortgage presented for record shall contain or have endorsed upon it the residence and post office address of the...
• Massachusetts General Laws - Endorsement on mortgages and assignments of mortgages secured by residential property; contents; failure to comply - Chapter 183, Section 6D
  Every mortgage and assignment of mortgage secured by residential property, as defined in section 1 of chapter 255E, presented for record, in which a mortgage...
• Massachusetts General Laws - Conveyance by grantor notwithstanding disseisin or adverse possession; title; grantee’s rights - Chapter 183, Section 7
  A conveyance of land, if otherwise valid, shall, notwithstanding disseisin or adverse possession, be as effectual to transfer the title of the grantor as if...
• Massachusetts General Laws - Statutory forms; alteration or substitution; “incorporation by reference” defined - Chapter 183, Section 8
  The forms set forth in the appendix to this chapter may be used and shall be sufficient for their respective purposes. They shall be known...
• Massachusetts General Laws - Rules and definitions relating to deeds or other instruments - Chapter 183, Section 9
  For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether said statutory form or other...
• Massachusetts General Laws - Warranty deed - Chapter 183, Section 10
  A deed in substance following the form entitled “Warranty Deed” shall when duly executed have the force and effect of a deed in fee simple...
• Massachusetts General Laws - Quitclaim deed - Chapter 183, Section 11
  A deed in substance following the form entitled “Quitclaim Deed” shall when duly executed have the force and effect of a deed in fee simple...
• Massachusetts General Laws - “Grant” as word of conveyance - Chapter 183, Section 12
  In a conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of the words “give, bargain, sell...
• Massachusetts General Laws - Words of inheritance - Chapter 183, Section 13
  In a conveyance or reservation of real estate the terms “heirs”, “assigns” or other technical words of inheritance shall not be necessary to convey or...
• Massachusetts General Laws - Uses and trusts - Chapter 183, Section 14
  When a conveyance or devise of real estate is made to a grantee or devisee to a use intended to be executed by the statute...
• Massachusetts General Laws - Easements, privileges and appurtenances belonging to granted estate - Chapter 183, Section 15
  In a conveyance of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the...
• Massachusetts General Laws - “Warranty covenants” - Chapter 183, Section 16
  In a conveyance of real estate the words “warranty covenants” shall have the full force, meaning and effect of the following words: “The grantor, for...
• Massachusetts General Laws - “Quitclaim covenants” or “limited covenants” - Chapter 183, Section 17
  In a conveyance of real estate the words “quitclaim covenants” or the words “limited covenants” shall have the full force, meaning and effect of the...
• Massachusetts General Laws - Mortgage deeds - Chapter 183, Section 18
  A deed in substance following the form entitled “Mortgage Deed” shall when duly executed have the force and effect of a mortgage deed to the...
• Massachusetts General Laws - “Mortgage covenants” - Chapter 183, Section 19
  In a conveyance of real estate the words “mortgage covenants” shall have the full force, meaning and effect of the following words, and shall be...
• Massachusetts General Laws - “Statutory condition” in mortgages - Chapter 183, Section 20
  The following “condition” shall be known as the “Statutory Condition”, and may be incorporated in any mortgage by reference: (CONDITION.) Provided, nevertheless, except as otherwise...
• Massachusetts General Laws - “Statutory power of sale” in mortgage - Chapter 183, Section 21
  The following “power” shall be known as the “Statutory Power of Sale”, and may be incorporated in any mortgage by reference: (POWER.) But upon any...
• Massachusetts General Laws - Co-operative bank mortgage - Chapter 183, Section 22
  A co-operative bank mortgage following in substance the form entitled “Co-operative Bank Mortgage” shall when duly executed have the force and effect of a mortgage...
• Massachusetts General Laws - “Statutory co-operative bank mortgage condition” - Chapter 183, Section 23
  The following “co-operative bank mortgage condition” shall be known as the “Statutory Co-operative Bank Mortgage Condition”, and may be incorporated in any co-operative bank mortgage...
• Massachusetts General Laws - “Statutory co-operative bank power of sale” - Chapter 183, Section 24
  The following “co-operative bank power” shall be known as the “Statutory Co-operative Bank Power of Sale”, and may be incorporated in any mortgage by reference:...
• Massachusetts General Laws - Purchase by holder of mortgage at foreclosure sale - Chapter 183, Section 25
  The holder of a mortgage of real estate, or any person acting in his behalf, may purchase at a foreclosure sale unless the contrary is...
• Massachusetts General Laws - Possessory interest of mortgagor - Chapter 183, Section 26
  Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold...
• Massachusetts General Laws - Disposition of proceeds of foreclosure sale; itemized accounting provided to mortgagor - Chapter 183, Section 27
  The holder of a mortgage of real estate, or his representatives, out of the money arising from a sale under the power of sale shall...
• Massachusetts General Laws - Assignment of mortgage; words of transfer - Chapter 183, Section 28
  In an assignment of a mortgage of real estate the word “assign” shall be a sufficient word to transfer the mortgage, without the words “transfer...
• Massachusetts General Laws - Subsequent loans from mortgagee; priority - Chapter 183, Section 28A
  Any sum or sums which shall be loaned by the mortgagee to the mortgagor at any time after the recording of any mortgage of real...
• Massachusetts General Laws - Open-end mortgage; subsequent loans from mortgagee - Chapter 183, Section 28B
  Any sum which shall be lent by the mortgagee to the mortgagor at any time after the recording of an open-end mortgage that secures such...
• Massachusetts General Laws - Refinancing in the borrower’s interest - Chapter 183, Section 28C
  (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that...
• Massachusetts General Laws - Necessity of acknowledgment; recordation - Chapter 183, Section 29
  No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution, made as hereinafter provided, is endorsed...
• Massachusetts General Laws - Method of making acknowledgment - Chapter 183, Section 30
  The acknowledgment of a deed or other written instrument required to be acknowledged shall be by one or more of the grantors or by the...
• Massachusetts General Laws - Acknowledgment of married woman - Chapter 183, Section 31
  The acknowledgment by a married woman may be taken in the same form as if she were sole, and without any examination separate and apart...
• Massachusetts General Laws - Letters of attorney; applicability of law - Chapter 183, Section 32
  The law relative to the acknowledgment and recording of deeds shall apply to letters of attorney for the conveyance of real estate.
• Massachusetts General Laws - Certificates of authority - Chapter 183, Section 33
  Whenever, under clause (b) of section thirty or under section forty-one, a certificate of authority is required to be attached, there shall be subjoined or...
• Massachusetts General Laws - Proof of execution of deed by testimony of subscribing witness - Chapter 183, Section 34
  If the grantor dies or removes from the commonwealth without having acknowledged his deed, the due execution thereof may be proved before any court of...
• Massachusetts General Laws - Proof of execution by proving handwriting - Chapter 183, Section 35
  If all the subscribing witnesses to the deed are also dead or out of the commonwealth, the due execution thereof may be proved before such...
• Massachusetts General Laws - Refusal of grantor to acknowledge; proof of execution by testimony of subscribing witness - Chapter 183, Section 36
  If a grantor refuses to acknowledge his deed, the grantee or any person who claims under him may apply to a court of record in...
• Massachusetts General Laws - Refusal of grantor to acknowledge; proof of execution by proving handwriting - Chapter 183, Section 37
  If a grantor refuses to acknowledge his deed and the subscribing witnesses thereto are all dead or out of the commonwealth, its execution may be...
• Massachusetts General Laws - Recording of unacknowledged deed; effect - Chapter 183, Section 38
  A person interested in a deed which has not been acknowledged may, before or during proceedings before a court for proof of its execution, file...
• Massachusetts General Laws - Proof of execution of deed; necessity of subscribing witness - Chapter 183, Section 39
  The execution of a deed shall not be proved in the manner before provided unless it has at least one subscribing witness.
• Massachusetts General Laws - Certificate of proof of execution - Chapter 183, Section 40
  A certificate of proof of the execution of a deed shall be endorsed upon it or annexed thereto by the clerk or register of the...
• Massachusetts General Laws - Proof of deed made outside commonwealth - Chapter 183, Section 41
  The proof of a deed or other instrument, if made without the commonwealth in some state, territory, district or dependency of the United States, may...
• Massachusetts General Laws - Forms for acknowledgments and certificates of authority - Chapter 183, Section 42
  The forms set forth in the appendix to this chapter for taking acknowledgments to deeds and other instruments and for certifying the authority of officers...
• Massachusetts General Laws - Vesting of title or interest by operation of decree in equity - Chapter 183, Section 43
  Whenever a final decree in equity shall be made by the supreme judicial, superior, probate or land court directing that a deed, conveyance or release...
• Massachusetts General Laws - Effect of recording or registration of copy of decree - Chapter 183, Section 44
  The recording or registration of a duly certified copy of such decree, attested by the clerk, assistant clerk, register or assistant register, recorder or deputy...
• Massachusetts General Laws - Conveyance in fee by person seized as tenant in tail - Chapter 183, Section 45
  A person seized of land as tenant in tail may convey such land in fee simple by a deed in common form, as if he...
• Massachusetts General Laws - Conveyance in fee by life tenant and vested remainderman in tail - Chapter 183, Section 46
  If land is held by one person for life with a vested remainder in tail in another, the tenant for life and the remainderman may...
• Massachusetts General Laws - Barring of equitable estates tail - Chapter 183, Section 47
  Equitable estates tail, in possession or remainder, and all remainders and reversions expectant thereon, may be barred in the same manner as legal estates tail...
• Massachusetts General Laws - Conveyance of equitable fee; entitlement to conveyance of outstanding legal estate - Chapter 183, Section 48
  The person to whom an equitable fee simple is conveyed pursuant to the preceding section shall, upon request therefor, be entitled to a conveyance of...
• Massachusetts General Laws - Sale and conveyance or mortgage by trustee appointed by probate court - Chapter 183, Section 49
  If land is subject to a vested or contingent remainder, executory devise, conditional limitation, reversion or power of appointment, the probate court for the county...
• Massachusetts General Laws - Notice of petition to appoint trustee; appointment of next friend - Chapter 183, Section 50
  Notice of a petition under the preceding section shall be given in such manner as the court may order to all persons who are or...
• Massachusetts General Laws - Bond of trustee; proceeds of sale or mortgage - Chapter 183, Section 51
  A trustee appointed under section forty-nine shall give bond in such form and for such amount as the court appointing him may order, and he...
• Massachusetts General Laws - Sale of land charged with payment of money; petition; decree; bond of trustee - Chapter 183, Section 52
  If land is charged with the payment of money, either in fixed amounts or in annuities for a life or lives or for years, the...
• Massachusetts General Laws - Effect of deed, bond or other instrument made in defeasance - Chapter 183, Section 53
  If a deed purports to contain an absolute conveyance of land, but is made defeasible by a deed, bond or other instrument, the original deed...
• Massachusetts General Laws - Definitions; method of discharge - Chapter 183, Section 54
  (a) For the purposes of sections 54 to 55, inclusive, the following words, unless the context otherwise requires, shall have the following meanings:— “Authorized person”,...
• Massachusetts General Laws - Defective discharges of mortgages held by entirety; effect - Chapter 183, Section 54A
  After the expiration of a period of ten years from the recording of a discharge or release of a mortgage held by husband and wife...
• Massachusetts General Laws - Mortgage discharge, release, assignment, foreclosure, etc.; execution before officer entitled to acknowledge instruments; effect - Chapter 183, Section 54B
  Notwithstanding any law to the contrary, (1) a discharge of mortgage; (2) a release, partial release or assignment of mortgage; (3) an instrument of subordination,...
• Massachusetts General Laws - Recordation of discharge; effect; discharge by mortgage servicer or note holder who is not holder of record - Chapter 183, Section 54C
  (a) The recordation of a duly executed and acknowledged or proven discharge by a mortgagee, mortgage servicer or note holder shall constitute a discharge of...
• Massachusetts General Laws - Request for written payoff statement; time for transmittal; contents; corrected statement; penalties; fees - Chapter 183, Section 54D
  (a) Upon request of 1 or more obligors on a mortgage note, or an authorized person on behalf thereof, a mortgagee, mortgage servicer or note...
• Massachusetts General Laws - Discharge of mortgage; contents and recording; liability for failure to discharge or negligent discharge; affidavits - Chapter 183, Section 55
  (a)(1) A mortgagee, mortgage servicer or note holder who receives full payment and satisfaction of the conditions of a mortgage shall, within 45 days of...
• Massachusetts General Laws - Mortgage notes; provisions for prepayment - Chapter 183, Section 56
  Any mortgage note secured by a first lien or second or subsequent lien on a dwelling house of 4 or less separate households or on...
• Massachusetts General Laws - Home mortgage notes; prepayment penalty; effect of taking by eminent domain - Chapter 183, Section 57
  It shall be unlawful for a mortgagee to enforce, in any mortgage note secured by a first lien on a dwelling house of three or...
• Massachusetts General Laws - Real estate abutting a way, watercourse, wall, fence, or other monument - Chapter 183, Section 58
  Every instrument passing title to real estate abutting a way, whether public or private, watercourse, wall, fence or other similar linear monument, shall be construed...
• Massachusetts General Laws - Late charges or penalties - Chapter 183, Section 59
  A mortgagee, assignee or holder of a mortgage note secured by a first or subordinate lien on a dwelling house of 4 or less separate...
• Massachusetts General Laws - Notes secured by liens, amortization of principal by maturity; conditions; variable rate of amortization; exemptions - Chapter 183, Section 60
  Whenever any note made to finance or refinance the purchase of and secured by a first lien on a dwelling house in the commonwealth of...
• Massachusetts General Laws - Payment of interest by mortgagee; request for exemption - Chapter 183, Section 61
  A mortgagee holding a first mortgage or lien on a dwelling house located in the commonwealth of 4 or fewer separate households occupied or to...
• Massachusetts General Laws - Payment of taxes to city or town by mortgagee; due date - Chapter 183, Section 62
  Any mortgagee who requires the prepayment of taxes for real estate located in the commonwealth shall pay to the city or town wherein the property...
• Massachusetts General Laws - Loan fees; residential property mortgages; disclosure - Chapter 183, Section 63
  A mortgagee, or a mortgage lender or mortgage broker as defined in section one of chapter two hundred and fifty-five E, shall not charge a...
• Massachusetts General Laws - Revisions in mortgage terms; restrictions; fees - Chapter 183, Section 63A
  A mortgagee may, at the request of the owner of the equity of redemption, revise the rate of interest, change an adjustable or variable rate...
• Massachusetts General Laws - Recordation of real estate mortgage prohibited until proceeds of loan paid to mortgagor - Chapter 183, Section 63B
  No mortgagee who makes a loan to be secured by a mortgage or lien on real estate located in the commonwealth in conjunction with which,...
• Massachusetts General Laws - Discrimination in residential mortgage loans on basis of location of property - Chapter 183, Section 64
  No mortgagee shall discriminate, on a basis that is arbitrary or unsupported by a reasonable analysis of the lending risks associated with a residential mortgage...
• Massachusetts General Laws - Acceptance of written memorandum as evidence of insurance - Chapter 183, Section 65
  Any mortgagee doing business in the commonwealth who makes in excess of five mortgage loans per year shall accept a written memorandum of a preliminary...
• Massachusetts General Laws - Required insurance; limitation - Chapter 183, Section 66
  A bank, lending institution, mortgage company or any mortgagee doing business in the commonwealth, when making a mortgage loan, shall not require, as a condition...
• Massachusetts General Laws - Reverse mortgage loans on residential property; requirements - Chapter 183, Section 67
  No mortgagee shall make a reverse mortgage loan on residential property except in accordance with sections 7 and 7A of chapter 167E. For the purposes...
• Massachusetts General Laws - Mortgagees licensed as insurance producers; mortgage loans secured by residential real estate; conditions and limitations - Chapter 183, Section 68
  Any mortgagee doing business in the commonwealth and licensed as an insurance producer pursuant to section 162M or 162N of chapter 175, when making a...

Last modified: September 11, 2015