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:
Acknowledgements
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?
Names
Punctuation
marks in names such as E*Trade or Amazon.com
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
1.
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