Thursday, June 16, 2016

Major SJC decision on acknowledgements

HUGE decision from the SJC today in Bank of America v Casey

Massachusetts Supreme Judicial Court answers questions certified to it from US 1st Circuit of case originating in bankruptcy court. For registry of deeds purposes, the main issue is that the SJC holds that an acknowledgement clause that does not name the person or persons whose acknowledgement is being taken is DEFECTIVE and SHOULD NOT be recorded.

However, the decision also holds that an attorney affidavit properly drafted in accordance with MGL c.183, s.5B, may cure that defect on an already recorded document with a defective acknowledgement.

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