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2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 28b - Open-End Mortgage; Subsequent Loans From Mortgagee

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 sum shall be equally secured with and have the same priority as would any such sum disbursed as of the time of the recording of such mortgage. As used in this section an open-end mortgage shall mean a mortgage of real estate the terms of which provide that it secures a sum lent by the mortgagee to the mortgagor from time to time pursuant to an open-end credit plan as defined in section 1 of chapter 140D, but the interest rate on any such loan and any delinquency charge thereon on any payment not paid in full within 15 days of its due date shall be governed by section 114B of chapter 140. In the event of any conflict between this section and chapter two hundred and fifty-four or any other provision of law, the provisions of this section shall control. Notwithstanding the foregoing, the priority afforded under this section shall apply only to (i) the principal sum so loaned, provided, however, that in the case of an open-end mortgage recorded after the effective date of this section, such priority shall apply only to so much of such principal sum as does not exceed the amount specified in such mortgage as the maximum sum intended to be secured thereby; (ii) interest on the principal amount to which such priority applies; and (iii) all charges and fees other than principal and interest that are secured by such mortgage. In the event that an open-end mortgage is amended to increase the amount intended to be secured thereby, such mortgage shall be deemed to have been recorded, with respect only to the amount of such increase, at the time such amendment is recorded.
At any time after the termination of the authority of all persons to borrow sums pursuant to an open-end credit plan secured by an open-end mortgage, the holder of such mortgage shall, within ten business days of the request of any person with an interest in the mortgaged real estate, furnish to such person an executed and acknowledged written notice stating that such authority has terminated and stating the amount of the loans secured by such mortgage that remain outstanding on the date of such notice, which notice may be recorded.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 28c - Refinancing in the Borrower's Interest

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 was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the borrower's interest. The ''borrower's interest'' standard shall be narrowly construed, and the burden is upon the lender to determine and to demonstrate that the refinancing is in the borrower's interest.
Factors to be considered in determining if the refinancing is in the borrower's interest include but are not limited to:—
(1) the borrower's new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;
(2) there is a change in the amortization period of the new loan;
(3) the borrower receives cash in excess of the costs and fees of refinancing;
(4) the borrower's note rate of interest is reduced;
(5) there is a change from an adjustable to a fixed rate loan, taking into account costs and fees; or
(6) the refinancing is necessary to respond to a bona fide personal need or an order of a court of competent jurisdiction.
(b) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys' fees, in any action instituted by a borrower who alleges that the defendant violated subsection (a), the borrower shall not be entitled to costs and attorneys' fees if the presiding judge, in the judge's discretion, finds that, before the institution of the action by the borrower, the lender made a reasonable offer to cure and that offer was rejected by the borrower.
(c) The commissioner of banks may prescribe from time to time such rules and regulations as may be necessary or proper in carrying out this section. Such rules and regulations may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the commissioner, are necessary or proper to carry out this section, to prevent circumvention or evasion thereof or to facilitate compliance therewith.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 29 - Necessity of Acknowledgment of Deed; Recordation

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 upon or annexed to it, and such certificate shall be recorded at length with the deed to which it relates; but this section shall not apply to conveyances from the United States.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 30 - Method of Making Acknowledgment

Section 30. The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made—
(a) If within the commonwealth, before a justice of the peace or notary public.
(b) If without the commonwealth, in any state, territory, district or dependency of the United States, before a justice of the peace, notary public, magistrate or commissioner appointed therefor by the governor of this commonwealth, or, if a certificate of authority in the form prescribed by section thirty-three is attached thereto, before any other officer therein authorized to take acknowledgments of deeds.
(c) If without the United States or any dependency thereof, before a justice of the peace, notary, magistrate or commissioner as above provided, or before an ambassador, minister, consul, vice consul, charge d'affaires or consular officer or agent of the United States accredited to the country where the acknowledgment is made; if made before an ambassador or other official of the United States, it shall be certified by him under his seal of office.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 33 - Certificates of Authority

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 attached to the certificate of proof or acknowledgment a certificate of the secretary of state of the state where the officer taking the acknowledgment resides, under the seal of such state, or a certificate of the clerk of a court of record of such state in the county where said officer resides or where he took such proof or acknowledgment, under the seal of the court, stating that said officer was, at the time of taking such proof or acknowledgment, duly authorized thereto in said state, and that said secretary of state or clerk of court is well acquainted with his handwriting and verily believes the signature affixed to such certificate of proof or acknowledgment is genuine.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 34 - Proof of Execution of Deed by Testimony of Subscribing Witness

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 record in this commonwealth by the testimony of a subscribing witness thereto.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 35 - Proof of Execution by Proving Handwriting

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 court by proving the handwriting of the grantor and of a subscribing witness.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 36 - Refusal of Grantor to Acknowledge; Proof of Execution by Testimony of Subscribing Witness

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 the county where the land lies or where the grantor or a subscribing witness to the deed resides, and such court shall thereupon issue a summons to the grantor to appear at a certain time and place to hear the testimony of the subscribing witnesses. Such summons, with a copy of the deed annexed, shall be served seven days at least before the time therein assigned for proving the deed, and at such hearing its due execution may be proved by the testimony of one or more of the subscribing witnesses.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 37 - Refusal of Grantor to Acknowledge; Proof of Execution by Proving Handwriting

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 proved before any court of record in this commonwealth by proving the handwriting of the grantor and of a subscribing witness, the court first summoning the grantor for the purpose and in the manner provided in the preceding section.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 38 - Recording of Unacknowledged Deed; Effect

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 in the proper registry of deeds a copy thereof, compared with the original by the register; and the filing of such copy shall for thirty days thereafter have the same effect as the recording of the deed, if the deed is within that time duly proved and recorded; or if, at the expiration of said thirty days, such proceedings are pending, the effect of filing such copy shall continue until the expiration of seven days after the termination of such proceedings.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 40 - Certificate of Proof of Execution

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 court or by the judge before whom such proof is made, and the certificate shall state whether the grantor was present at the hearing.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 41 - Proof of Deed Made Outside Commonwealth

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 be made before any of the persons enumerated in clause (b) of section thirty; provided, however, that a certificate of authority as provided in section thirty-three shall be attached thereto; if without the United States or any dependency thereof, such proof may be made before any of the persons enumerated in clause (c) of said section thirty.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 42 - Forms for Acknowledgments and Certificates of Authority

Section 42. The forms set forth in the appendix to this chapter and in section 15 of chapter 222 for taking acknowledgments to deeds and other instruments and for certifying the authority of officers taking proofs or acknowledgments may be used but the existence of those forms shall not preclude the use of any other forms lawfully used as required or authorized by any general or special law or any regulation or executive order regulating notaries public, including forms that acknowledge the voluntary act of an individual executing a document in a representative capacity but fail to acknowledge the deed or instrument as the voluntary or free act of the principal or grantor.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 43 - Vesting of Title or Interest by Operation of Decree in Equity

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 of any real estate or interest therein shall be made, and the party directed to make such deed, conveyance or release does not duly execute it within the time specified in the decree, the decree itself shall operate to vest title to the real estate or interest in the party entitled thereto by the decree as fully and completely as if such deed, conveyance or release had duly been executed by the party directed to make it.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 44 - Effect of Recording or Registration of Copy of Decree

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 recorder, as the case may be, of the court where made, in the registry of deeds of the district where said real estate is situated, shall have the same force and effect as if a duly executed deed, conveyance or release had so been recorded or registered.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 45 - Conveyance in Fee by Person Seized as Tenant in Tail

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 were seized thereof in fee simple; and such conveyance shall bar the estate tail and all remainders and reversions expectant thereon.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 46 - Conveyance in Fee by Life Tenant and Vested Remainderman in Tail

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 convey such land in fee simple by their deed or deeds in common form, as if the remainder had been limited in fee simple; and such deed or deeds shall bar the estate tail and all remainders and reversions expectant thereon.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 47 - Barring of Equitable Estates Tail

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 and the remainders and reversions expectant thereon.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 48 - Conveyance of Equitable Fee; Entitlement to Conveyance of Outstanding Legal Estate

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 the outstanding legal estate from the person in whom such legal estate is then or thereafter vested in trust.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 49 - Sale and Conveyance or Mortgage by Trustee Appointed by Probate Court

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 where such land is situated may, upon the petition of any person having an estate or interest therein, either present or future, vested or contingent, and after notice and other proceedings as hereinafter required, appoint one or more trustees and authorize him or them to sell and convey such land or any part thereof in fee simple, if such sale and conveyance appears to the court to be necessary or expedient, or to mortgage the same for such an amount, on such terms and for such purposes as may seem to the court judicious or expedient; and such conveyance or mortgage shall be valid and binding upon all parties.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 50 - Notice of Petition to Appoint Trustee; Appointment of Next Friend

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 who may become interested in the land to which the petition relates, and to all persons whose issue, not in being, may become interested therein; and the court shall of its own motion in every case appoint a suitable person to appear and act therein as the next friend of all minors, persons not ascertained, and persons not in being, who are or may become interested in such land; and provisions of sections thirty-four and thirty-five of chapter two hundred and one consistent herewith shall apply in the case of such appointment.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 51 - Bond of Trustee; Proceeds of Sale or Mortgage

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 shall receive and hold, invest or apply the proceeds of any sale or mortgage made by him for the benefit of the persons who would have been entitled to the land if such sale or mortgage had not been made, and the probate court of any county where any part of such land is situated shall have jurisdiction of all matters thereafter arising relative to such trust.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 52 - Sale of Land Charged With Payment of Money; Petition; Decree; Bond of Trustee

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 supreme judicial or probate court for the county where any part of such land is situated may upon the petition of the persons holding title thereto subject to the charge of such payment, and after notice and a hearing, authorize them to sell and convey by private sale or public auction the whole or any portion of such land in fee simple and free from such charges, whether present or future, certain or contingent; and it shall in such case provide by its decree for the payment of the amounts charged upon such land by placing the whole or any portion of the proceeds of the sale thereof in the hands of a trustee appointed by it, by the purchase of annuities for the persons entitled to receive the amounts so charged, or by any other means which shall be considered just and reasonable. Such trustees shall give bond in such sum as the court may order, shall, under the direction of the court, manage and account for the trust fund and shall distribute the income thereof according to its decree.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 53 - Effect of Deed, Bond or Other Instrument Made in Defeasance

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 shall not be thereby affected, as against any person other than the maker of the instrument of defeasance and his heirs and devisees and persons having actual notice of it, unless such instrument is recorded in the registry of deeds for the county or district where the land to which it relates is situated.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 54a - Defective Discharges of Mortgages Held by Entirety; Effect

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 as tenants by the entirety and signed by only the husband or the wife, no steps shall be taken by action, entry or otherwise to foreclose or enforce such mortgage or the note or notes secured thereby, unless within such period the spouse who did not sign such discharge or release has recorded in the registry of deeds for the county or district where the mortgage is recorded a notice identifying the mortgage and the book and page of its recording and stating that rights of a tenant by the entirety may be claimed in the mortgage or the note or notes secured thereby. A reference to such notice shall be noted on the margin of the record of the mortgage.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 54b - Mortgage Discharge, Release, Assignment, Foreclosure, etc.; Execution Before Officer Entitled to Acknowledge Instruments; Effect

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, non-disturbance, recognition, or attornment by the holder of a mortgage; (4) any instrument for the purpose of foreclosing a mortgage and conveying the title resulting therefrom, including but not limited to notices, deeds, affidavits, certificates, votes, assignments of bids, confirmatory instruments and agreements of sale; or (5) a power of attorney given for that purpose or for the purpose of servicing a mortgage, and in either case, any instrument executed by the attorney-in-fact pursuant to such power, if executed before a notary public, justice of the peace or other officer entitled by law to acknowledge instruments, whether executed within or without the commonwealth, by a person purporting to hold the position of president, vice president, treasurer, clerk, secretary, cashier, loan representative, principal, investment, mortgage or other officer, agent, asset manager, or other similar office or position, including assistant to any such office or position, of the entity holding such mortgage, or otherwise purporting to be an authorized signatory for such entity, or acting under such power of attorney on behalf of such entity, acting in its own capacity or as a general partner or co-venturer of the entity holding such mortgage, shall be binding upon such entity and shall be entitled to be recorded, and no vote of the entity affirming such authority shall be required to permit recording.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 56 - Mortgage Notes; Provisions for Prepayment

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 a residential condominium unit occupied or to be occupied in whole or in part by the mortgagor shall be subject to the condition that if said note is paid before the date fixed for payment, any additional amount required to be paid in that event shall be an amount which shall be the balance of the first year's interest or 3 months' interest whichever is less; except, that if anticipatory payment is made within 36 months from the date of the note for the purpose of refinancing such loan in another financial institution, an additional payment not in excess of 3 months' interest may be required; provided, however, that, with respect to the mortgage loan insured by the Federal Housing Commissioner, the mortgagor may be required to reimburse the mortgagee to the full amount of any charges, premiums, or fees required by any statute or by any regulation of the Federal Housing Administration to be paid by the mortgagee upon payment of the note before the date fixed for payment.
No prepayment fee or additional penalty shall be payable by a mortgagor if the mortgage note is paid in full after 36 months from the date of the note. A mortgagor shall not be required to pay a prepayment fee or penalty for making additional payments toward the principal balance for the term of the loan.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 57 - Home Mortgage Notes; Prepayment Penalty; Effect of Taking by Eminent Domain

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 less separate households occupied or to be occupied in whole or in part by the mortgagor, a penalty, charge, premium, or fee on account of payment of the amount due before the date fixed for payment, when such payment is made on the occasion of a taking of the property for any public purpose.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 58 - Real Estate Abutting a Way, Watercourse, Wall, Fence, or Other Monument

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 to include any fee interest of the grantor in such way, watercourse or monument, unless (a) the grantor retains other real estate abutting such way, watercourse or monument, in which case, (i) if the retained real estate is on the same side, the division line between the land granted and the land retained shall be continued into such way, watercourse or monument as far as the grantor owns, or (ii) if the retained real estate is on the other side of such way, watercourse or monument between the division lines extended, the title conveyed shall be to the center line of such way, watercourse or monument as far as the grantor owns, or (b) the instrument evidences a different intent by an express exception or reservation and not alone by bounding by a side line.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 59 - Late Charges or Penalties

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 households or on a residential condominium unit occupied or to be occupied in whole or in part by the mortgagor shall not require the mortgagor to pay a late charge or late payment penalty unless the penalty is specifically authorized in the loan documents.
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 households or on a residential condominium unit occupied or to be occupied in whole or in part by the mortgagor shall not require the mortgagor to pay a penalty or late charge for any payment paid within 15 days or in the case of a bi-weekly mortgage payment, paid within 10 days, from the date the payment is due.
In no event, in assessing a penalty because of the delinquency in making all or any part of a periodic payment under a mortgage note, shall the penalty or late charge exceed 3 per cent of the amount of principal and interest overdue, and in calculating the penalty or late charge, any amount of the periodic payment representing estimated tax payments required by the terms of the mortgage note or deed shall not be included.
A late payment penalty or late charge may not be charged more than once with respect to a single late payment. If a late payment fee is deducted from a payment made on the loan, and the deduction causes a subsequent default on a subsequent payment, no late payment fee may be imposed for the default. If a late payment fee has been once imposed with respect to a particular late payment, a fee shall not be imposed with respect to any future payment which would have been timely and sufficient, but for the previous default.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 61 - Payment of Interest by Mortgagee; Request for Exemption

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 be occupied in whole or in part by the mortgagor who requires advance payments, deposits or other security by the mortgagor for the payment of real estate taxes on mortgaged property, shall pay interest to the mortgagor on any amount so paid or deposited in advance. Interest shall be paid at least once a year at a rate and in a manner to be determined by the mortgagee. Mortgagees showing a net loss from the investment of the amounts so paid or deposited may file with the commissioner of banks a request for an exemption from the requirement that the interest be paid to mortgagors.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 62 - Payment of Taxes to City or Town by Mortgagee; Due Date

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 is located the full amount of taxes due on or before the date upon which said taxes become due provided that the mortgagor has paid said amount to the mortgagee. If the mortgagor has not paid the full amount of taxes due before said date, the mortgagee shall pay to the city or town wherein the property is located all amounts which have been paid to him by the mortgagor.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 63 - Loan Fees; Residential Property Mortgages; Disclosure

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 loan fee, finder's fee, points, so-called, or similar fees in a mortgage transaction involving residential property located in the commonwealth of four or less units and occupied in whole or in part by the mortgagor, except to the extent that such fees or points have been previously disclosed to the mortgagor in writing, which disclosure may be in the form required by section seventeen D of chapter one hundred and eighty-four, or such other form which discloses said fees or points. A mortgagor shall not be obligated to pay fees or points which have not been previously disclosed as required herein. Nothing contained in this section shall limit a mortgagor's ability to obtain from such mortgagee, mortgage lender or mortgage broker a temporary or permanent interest rate buydown.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 63b - Recordation of Real Estate Mortgage Prohibited Until Proceeds of Loan Paid to Mortgagor

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, a mortgage deed evidencing the same is to be recorded in a registry of deeds or registry district in the commonwealth, shall deliver said deed or cause the same to be delivered into the possession of such registry of deeds or registry district for the purpose of the recording thereof unless prior to the time said deed is so delivered for recording, said mortgagee has caused the full amount of the proceeds of such loan due to the mortgagor pursuant to the settlement statement relevant thereto given to said mortgagor or in the instance of any such loan in which the full amount of the proceeds due to the mortgagor pursuant to the terms thereof are not to be advanced prior to said recording, so much thereof as is designated in the loan agreement, to be transferred to the mortgagor, the mortgagor's attorney or the mortgagee's attorney in the form of a certified check, bank treasurer's check, cashier's check or by a transfer of funds between accounts within the same state or federally chartered bank or credit union, or by the funds-transfer system owned and operated by the Federal Reserve Banks, or by a transfer of funds processed by an automated clearinghouse; provided, however, that neither the mortgagor's attorney or the mortgagee's attorney shall be required to make disbursements or deliver said proceeds to the mortgagor in such form; provided, however, that the provisions of this section shall not apply to the commonwealth, its agencies or political subdivisions.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 65 - Acceptance of Written Memorandum as Evidence of Insurance

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 contract of insurance pursuant to section ninety-eight of chapter one hundred and seventy-five as evidence of insurance from any duly licensed agent, broker or insurance company; provided, however, that a contract for insurance for a term of not less than one year is issued within thirty days of said memorandum, or in the event of the cancellation of said memorandum, the mortgagee shall be provided with prior written notification thereof.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 66 - Required Insurance; Limitation

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 of a mortgage or as a term of a mortgage deed, that the mortgagor purchase casualty insurance on property which is the subject of the mortgage in an amount in excess of the replacement cost of the buildings or appurtenances on the mortgaged premises.
For purposes of this section, a bank, lending institution, mortgage company or mortgagee shall include, but not be limited to, any bank as defined in section one of chapter one hundred and sixty-seven, any national bank, national banking association, federal savings bank, federal savings and loan association and federal credit union. The terms ''replacement cost'', ''buildings'' or ''appurtenances'' as used in this section shall be consistent in meaning with such terms as used in policy forms approved by the commissioner of insurance.
A lender shall not finance, directly or indirectly, any credit life, credit disability, credit unemployment insurance, credit property insurance, including debt cancellation or suspension agreements, or any other life or health insurance premium through a home mortgage loan. Premiums on insurance calculated and payable on a monthly basis by the borrower shall not be considered financed by the lender.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 67 - Reverse Mortgage Loans on Residential Property; Requirements

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 of this section, the term ''residential property'' shall mean a 1 to 4 family dwelling owned and occupied in whole or in part by the mortgagor and located in the commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 68 - Mortgagees Licensed as Insurance Producers; Mortgage Loans Secured by Residential Real Estate; Conditions and Limitations

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 mortgage loan secured by residential real estate located in the commonwealth, shall be subject, in addition to all applicable provisions of said chapter 175, to conditions and limitations established by the commissioner of banks pursuant to section 2A of chapter 167F; provided, however, that the provisions of clause (a) of subparagraph (6) of said section 2A shall not be applicable to any such mortgagee which does not accept deposits.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 69 - Flood Insurance; Limits on Amount of Coverage Required to Be Purchased

Section 69. No creditor or creditor's representative, as defined in section 35B of chapter 244, shall require in a mortgage, note or otherwise a purchaser or owner of residential property with 1 to 4 units to purchase or pay for flood insurance on the property that: (i) is at a coverage amount exceeding the outstanding principal mortgage balance at the beginning of the year for which the policy shall be in effect and, in the case of a home equity line of credit, home equity loan or second and subsequent mortgage the full value of the credit line, outstanding principal on the equity loan or second or subsequent mortgage on that property at the beginning of the year for which the flood insurance policy shall be in effect; (ii) includes coverage for contents; or (iii) includes a deductible of less than $5,000. If a creditor or creditor's representative requires in a mortgage, note or otherwise a purchaser or owner of a residential property to purchase or pay for flood insurance on the property, the creditor or creditor's representative and the insurance producer, as defined in section 162H of chapter 175, shall provide a notice to the purchaser or owner of the residential property at the time the purchaser or owner of the residential property is notified of the need to purchase or pay for flood insurance that states the following in clear and conspicuous print: ''Please note that the flood insurance we are requiring you to purchase will only protect your creditor's or lender's interest in your property. Massachusetts law prohibits a creditor or lender from requiring you to purchase flood insurance in excess of the amount of your principal mortgage and, in the case of a home equity line of credit, home equity loan or second and subsequent mortgage, the full value of the credit line, outstanding principal on the equity loan or second or subsequent mortgage on that property at the beginning of the year for which the policy will be in effect. The insurance may not be sufficient to pay for many needed repairs after a flood and may not compensate you for your losses in the property due to the flood. If you wish to protect your home or investment, you may want to purchase more flood insurance than the amount we are requiring you to buy.''
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 2 - Application of Chapter; Creation of Other Interests in Realty

Section 2. This chapter shall apply only when the owner of the land or the lessee of the land submits such owner's or lessee's interest in the land hereof by duly executing and recording a master deed with an assent by the lessor in the case of a leasehold condominium, containing a statement to the effect that the owner or lessee proposes to create a condominium to be governed by the provisions of this chapter, provided that, in the case of a leasehold condominium, the term of such lease shall not be less than sixty years, from the date on which the condominium was submitted to the provisions of this chapter. The provisions of this chapter shall not be deemed to preclude or regulate the creation or maintenance of other interests in real property not expressly declared by the owner or lessee to be subject thereto. For purposes of this section, the holder of a license granted by the department of environmental protection under the provisions of chapter ninety-one for development of commonwealth tidelands shall be deemed the owner of the land, and the licensee shall be deemed the holder of a sufficient interest in real estate to be submitted to and governed by the provisions of this chapter. The provisions of this chapter relating to the creation of leasehold condominiums shall apply only to leasehold condominiums created after April sixth, nineteen hundred and ninety-three.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 3 - Nature of Interest; Sale or Descent

Section 3. Each unit together with its undivided interest in the common areas and facilities, whether or not such unit is built on owned or leased land shall constitute real estate, and may be the subject of demise, devise, gift, mortgage, ownership, possession, sale, trust, the laws of descent and distribution and all other rights incidental to the holding of real estate as if it were sole and entirely independent of the other units in the condominium of which it forms a part.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 7 - Contribution Toward Common Expenses; Liability; Offset, Deduction, or Waiver Prohibited

Section 7. No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of the unit or otherwise; and no unit owner shall be entitled to an offset, deduction, or waiver of common expenses or other charges levied or lawfully assessed by the organization of unit owners.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 8a - Leasehold Condominiums; Rights of Unit Owners

Section 8A. (a) The consent of every lessor of each lease which is submitted to the provisions of this chapter shall be recorded and shall provide:
(1) the recording data for the lease or the notice thereof, and in the latter case, a statement of where the complete lease may be inspected;
(2) the date on which the lease is scheduled to expire, including a provision in said lease requiring the lessor to give a twelve month written notice of said date of expiration to each unit owner;
(3) a legally sufficient description of the real estate subject to the lease;
(4) any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;
(5) any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(6) any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(b) After the consent of a lessor is recorded, neither the lessor nor any successor in interest of the lessor may terminate the leasehold interest of a unit owner, who makes timely payment or tender of said timely payment by certified mail of such unit owner's share of the rent and otherwise complies with all covenants and conditions which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant or condition.
(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) If the expiration or termination of a lease reduces the number of units in a condominium, the common element interests, votes in the association, and common expense liabilities shall be reallocated among the remaining unit owners in proportion to their respective percentage interests. Reallocations shall be confirmed by a duly recorded amendment of the master deed.
(e) The rent and all other amounts payable under the lease shall be declared common expenses.
(f) Prior to the expiration of said lease, the lessor may obtain three independent real estate appraisals of said parcel and may offer the right to purchase said parcel for the average of the three appraisals to the organization of unit owners. In the event that the organization of unit owners chooses not to purchase such parcel, said organization may negotiate a renewal of said lease for a term of not less than sixty years.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183a - Condominiums › Section 9 - Deeds of Units; Contents

Section 9. Deeds of units shall include the following particulars:—
(a) An indication that the deed relates to a condominium and is subject to the provisions of this chapter. If the condominium relates to a lease which is submitted to the provisions of this chapter, the name of the condominium shall contain the word ''Lease'' or ''Leasehold'' and the deed or assignment or each unit shall indicate that the condominium relates to a lease.
(b) A description of the land as provided in section eight, or the post office address of the property, in either case including the book, page and date of recording of the master deed.
(c) The unit designation of the unit in the master deed and any other data necessary for its proper identification.
(d) A statement of the use for which the unit is intended and the restrictions, if any, on its use.
(e) The undivided interest appertaining to the unit in the common areas and facilities.
(f) Any further provisions which the grantor and grantee may deem desirable to set forth, consistent with the master deed and this chapter.