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Recent
Legislation Enacted With MCA Support (Partial Listing)
St.1987,
c.248 - extension of the validity of a municipal lien certificate
to 150 days
St.1987,
c.481 - ten-year statute of limitations relative to structural
violations of zoning
ordinances and bylaws
St.1987,
c.533 - authority for discharge of mortgage by recorded affidavit
St.1987,
c.675 - clarification of uniform recording requirements for
Federal liens
St.1989,
c.205 - ten-year statute of limitations on inheritance tax liens
St.1989,
c.239 - provision for alternate members of planning boards
St.1989,
c.283 - simplified conversion of common law tenancy by the entirety
to a
statutory tenancy by the entirety
St.1990,
c.378 - clarification of fee interests regarding land abutting
a way or similar
linear boundary
St.1990,
c.496 - exclusion from Soldiers and Sailors Civil Relief Act
of proceedings
against non-individual owners of record; and elimination of court
approval of foreclosure documents on unregistered land
St.1991,
c.157 - elimination of 30-day limitation for recording mortgage
foreclosure
papers; and provision for simplifying title from a foreclosure
St.1991,
c.235 - clarification of scope of legislative moratorium on
mortgage foreclosure
St.1991,
c.320 - provision for consistent publication requirements for
license to sell
St.1992,
c.410 - simplified requirements for title following a discharge,
release or
assignment of mortgage
St.1994,
c.245 - includes requirement of "good funds" in all
mortgage transactions (See
also St. 1995, c.118)
St.1994,
c.341 - elimination of 90-day limitation for recording mortgage
foreclosure
papers
St.1994,
c.350 - includes requirement that lender's attorney render a
certification of title
to the homebuyer in all purchase mortgage transactions
St.1995,
c.281 - authorizes the creation of limited liability companies
and registered
limited liability partnerships in the Commonwealth
St.1996,
c.151, §567 - state superintendence of Registry of Deeds
in Franklin County
St.1996,
c.364 - modernizes and reforms state mechanics lien law (M.G.L.
c.254)
St.1996,
c.480 - permits reliance on discharges executed by certain non-record
servicers
and noteholders
St.1996,
c.481 - eliminates the use of Owners Duplicate Certificates
for registered land
St.1997,
c.48 - state superintendence of Registries of Deeds in Middlesex,
Worcester
and Hampden Counties
St.1998,
c.142 - conform mortgage foreclosure requirements for all business
entities,
including LLC's and LLP's
St.1998,
c.147 - permits release of estate tax lien by recording of executor's
affidavit
St.1998,
c.242 - omnibus amendments to c.183A, to permit revival of development
rights, to clarify limited common elements, etc
St.1998,
c.300 - state superintendence of Registries of Deeds in Hampshire,
Essex,
Suffolk and Berkshire Counties
St.
2000, c.413 - procedure for the voluntary withdrawal of land
from the registration
system
St.
2001, c.26 - omnibus amendments to Article 9 of the Uniform
Commercial Code
St.
2002, c.393 - enlarges the concurrent jurisdiction of the Land
Court to include
cases of specific performance of real estate agreements; partition
cases;
general enforcement of M.G.L. cc.40A and 41, and certain local
ordinances and bylaws by certiorari and mandamus
St.
2002, c.496 - makes final and conclusive any order dissolving
a lis pendens unless
notice of appeal recorded within 30 days; requires commencement
of
action seeking a lis pendens to be by verified complaint, and permits
expedited dismissal of claims found to be frivolous, with possible
recovery of attorneys' fees and costs.
St.
2002, c.508 - authorizes recording of simplified trustees' certificate
in lieu of the full
trust instrument, notwithstanding "indefinite reference"
statute.
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