Friday, November 12, 2010

Full text of "National Lumber" law

For several years I've been writing about a decision of the Massachusetts Appeals Court in a case commonly referred to as "National Lumber." In that case, the court held that a document was deemed to be recorded when it physically came into the custody of the registry of deeds. In that case, a mechanics lien received by Fedex was not recorded for a considerable length of time while a mortgage that was executed after the lien got on record before the lien. The court gave priority to the lien. This amendment to Chapter 36 now defines being "on record" more clearly. Here's the full text:

SECTION 1. Chapter 36 of the General Laws is hereby amended by striking out section 14, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:

Section 14. Each register shall keep a record, in book or electronic form, into which the register shall enter recording information for all instruments accepted for record, in the order in which they are recorded. Upon recording of an instrument, the following information shall be entered into the record: the day, hour and minute when the register assigns an instrument number, or book and page number, as the case may be; the instrument number, or book and page number, so assigned; the names of the grantors and grantees in the instrument; and the city or town in which the land lies.

No instrument received by the register shall be considered recorded until the register assigns to the instrument an instrument number, or book and page number, as the case may be.

Any change or correction made to the record shall be accessible to the public in the particular registry district in which the affected land lies. Such change or correction shall be maintained by the register as part of the record for public inspection during registry business hours at each office in the registry district. Any change or correction to the record shall document the nature and date of the change or correction.

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