Friday, April 04, 2014

Updating Deed Indexing Standards

Earlier this week the Massachusetts Registers of Deeds Association met in Worcester and agreed to begin the process of updating the Massachusetts Deed Indexing Standards which were created back in 2000 and last updated in 2008.  The hope is to have this new version take effect on January 1, 2015.  We expect to have a draft available for public comment by July 1, 2014.

Here are some of the items we hope to clarify or address in the new version of the standards:

Update/explain list of documents requiring acknowledgement
Revisit requirements for out-of-state acknowledgements
Must acknowledgement clause state the name of the person who has signed the document (and not just “the person who signed above”).  In re Giroux, Bankruptcy case
Modification of Mortgage – signatures of all parties must be acknowledged?
Raised Seal – should it be shaded?

Mass. Uniform Probate Code
deed of distribution
disclaimer of property statement

Deed Excise Tax
Selling a stamp although no document is presented for recording?
Is excise tax due in a transfer for consideration if incident to divorce decree?

Punctuation marks in names such as E*Trade or
Non-traditional names – which is first name; which is last name?
Deed of distribution – Code for “Personal Representative”
Affidavit relative to note signed by officer – just institution name or signatory name too?

Certified documents – adding book and page reference


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