Friday, February 04, 2011

"Title to Murder"

The city of Lowell has been receiving a lot of attention recently as the setting for the Academy Award nominated film, "The Fighter" which is the story of Lowell boxer Micky Ward. Filmed in the city during the summer of 2009 - with two scenes done here at the Middlesex Superior Courthouse - the movie has already won Golden Globe and Screen Actors Guild awards and is up for several Oscars on February 27.

It turns out that the courthouse in Lowell is not the only venue to be used in movie production. A friend from Cambridge recently sent me a link to a 2001 movie called "Title to Murder" which was filmed at the Registry of Deeds in Cambridge.

Starring Maureen McCormick (Marcia from "The Brady Bunch") and Christopher Atkins (from "Blue Lagoon") and directed by Stephen Furst ("Flounder" from "Animal House"), "Title to Murder" is best described on the film's website:

Maureen McCormick is Leah Farrell, a bored and frustrated title examiner from Charlestown, Massachusetts but a routine title examination changes everything. An elderly woman has disappeared and when Leah goes snooping, she suddenly finds herself in line to be the next victim. District Attorney Paul Shaughnessy, played by Christopher Atkins has got to move fast if he's to prevent Leah from becoming the next murder victim.


I don't remember "Title to Murder" in the theaters, but it was recorded at the registry of deeds in Cambridge, which is quite evident from the trailer embedded on the film's website (which I can't embed here, so go to the website and watch it). But if you're interested in catching a film about title examiners, "Title to Murder" is available on Amazon.

Thursday, February 03, 2011

Policy on weather-related closure of registry

I became Register of Deeds on January 5, 1995 and that next winter, the 1995-96 season, set the all-time record for the most snowfall ever recorded in this region. We didn't have a blog back then, so the documentation of our experiences in that winter 15 years ago is sketchy.

Our snow totals this year, while considerable, still have a ways to go to threaten that record. Still, we've had plenty of stormy days this winter, many of which have had an impact on our operations. The toughest situation to deal with is the overnight storm that continues into the start of the workday. Our policy right now of whether the registry will remain closed or have a delayed opening is dictated by the Trial Court, our landlord here in the Superior Courthouse. If the court is closed, then we are closed.

The best way to find out if the courthouse is closed is to visit the Trial Court website. Closures and delays are indicated by a notice that is placed on that site, usually by 6 am, on a stormy day. Such a notice was there yesterday. Another appeared back on January 27 - I captured a screen shot of that one.

One warning about the Trial Court website: if you've visited it before the notice goes up, your computer automatically stores a copy of the older version of the page. When you revisit that site, your computer will reload the earlier version of the page that was stored on your computer, the version that doesn't contain the weather-notice. You have to click on your browser's "Refresh" button to force your computer to reach out to the Trail Court server and load the latest version of that page.

If all that "refresh" stuff seems too complicated, you can also check here. As soon as I see an announcement on the Trial Court website, I post it here, just as I did at 6:11 a.m. yesterday morning.

Finally, if the snow is falling heavily during the day, there is always a chance the registry may close early. If you have a late-in-the-day recording to do and it's snowing, please call us at 978/322-9000 to ascertain our status.

Wednesday, February 02, 2011

Delayed opening today

The Middlesex North Registry of Deeds will not open until 11 am today due to the ongoing snow. Same goes for all courts in the following counties: Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Norfolk, Suffolk and Worcester.

Tuesday, February 01, 2011

Registry Closing Early Today

The Middlesex North Registry of Deeds will close today at 3:30 due to the ongoing snowstorm.

Tomorrow and for future beginning-of-the-day storms, check the Trial Court's website for any announcements about building closings. The Registry of Deeds follows the Trial Court's decision about closing or delaying the opening of the Superior Courthouse.

January statistics

The positive trends from the 4th quarter of 2010 continue into January 2011. In the October through December time period for 2010 when compared to the same period in 2009, the number of mortgages recorded was up 44% while the number of foreclosure deeds and orders of notice were down by the same percentage. Deeds were down by 8% which was the only statistic that was even slightly negative. The numbers for January 2011 are even better. When compared to the same month in 2010, this number of deeds recorded in this January was up 13%, mortgages up 38%, foreclosure deeds down 61%, and orders of notice down 84%.

Monday, January 31, 2011

What Cloud?

Today everyone in the technology world is talking about "the cloud".

What cloud? I keep asking myself...

The video below helps explain "cloud computing" and how it might revolutionize the computer industry and the way we use our home computers.


Friday, January 28, 2011

The Challenger: 25 years ago today

On January 28, 1986 at 11:38 am EST, the space shuttle Challenger blew-up 78 seconds into its flight, destroying the vehicle and all seven aboard. The disaster was caused by the cold temperatures on the ground that day which in turn caused a rubber o-ring (a simple ring made of rubber that acted as a seal between two sections of the solid fuel booster rocket) to lose its resiliency and fail to fill the gap into which it had been place. This allowed flame from the booster rocket to exude from its side, piercing the main fuel tank and destroying a strut that held the booster rocket in place. The resulting lose of stability at incredibly high speed together with the explosive fire that occurred when the fuel tank was ruptured, destroyed the vehicle in mid-flight.

In the following video, physicist Richard Feynman, a member of the panel investigating the Challenger disaster, uses a glass of ice water and a rubber ring to demonstrate what happened:

Thursday, January 27, 2011

Delayed opening on Thursday, Jan 27



All courts in Middlesex County will remain closed today until 11 am due to the snow. Because the Registry of Deeds is located in the Superior Courthouse in Lowell, we are unable to open until 11 am.

Above is a screen shot from the Trial Court's website. For future reference, you may check that site to learn of any court closings or delays.

Wednesday, January 26, 2011

MERS CEO to leave company

The Wall Street Journal is reporting that RK Arnold, the CEO of Mortgage Electronic Registration Systems for the past 15 years, is resigning from the company in the next few days. The story details the various controversies surrounding MERS after courts and attorneys general across the country (including here in Massachusetts) have questioned the legality of MERS entire business model in which MERS holds title to the mortgage but not to the underlying promissory note, an arrangement that runs contrary to a principal of property law that has remained intact for more than a century.

Tuesday, January 25, 2011

iPhone 5 Coming in June, Of Course


I own an iPhone 4G. It is my second iPhone. Before the 4G, I owned the first generation iPhone.
I must admit, I love both of them (of course).

In America April has become synonymous with the fresh crack of a baseball bat and June traditionally brings a new Apple iPhone.

(As you would expect, of course) Geeky people like me love this and can't wait to see the new Apple creation.
Each new iPhone brings fascinating advancements, so (of course) around this time each year the rumor mill is in over-drive.

This year two major iPhone 5 rumors center around social networking (what else, of course). One feature to be introduced is called "media stream". Media Stream gives friends and family the ability to directly access pictures and video files on your phone (if you want, of course). Another social networking feature is called "Find A Friend". This feature uses Google Latitude and GPS to determine the location of a friend at any given time (if they agree, of course).

There are also rumors stating the new iPhone will change physically as well. First, 5G will be slimmer than the already sleek 4G. And techie magazines are reporting that Steve Jobs never liked the "Home Button" on the iPhone. Apparently, Apple engineers have finally found a way to eliminate it (of course they did, he's the boss).

As soon as a picture is leaked, I'll post it (and of course, you know that will happen).

Monday, January 24, 2011

Henry Knox, the 'Bookseller" Hero

click to enlarge map

I have always been fascinated by the story of patriot Henry Knox. Knox was a bookseller in Boston with a vast knowledge of artillery. He acquired this knowledge more through reading than actual experience.

In 1775 British troops held Boston in a stranglehold and George Washington's Continental Army was helpless to break the unpopular occupation. Knox approached Washington with what many considered to be an outlandish idea. The "bookseller" proposed that he and a group of men travel 300 miles to the recently captured Fort Ticonderoga in New York and transport its artillery to Boston. The artillery would give Washington the firepower he needed to drive the British out of the city. Washington surprisingly agreed to the risky plan.

Knox set out for Ticonderoga on December 1, 1775. Four days later the group completed the journey and disassembled 59 pieces of artillery. Knox's men loaded the artillery on carts drawn by oxen. Later they transferred the cannons to sleds to cross the iced-over Hudson River as they continued to Boston.

Along the way Knox passed through the towns of Spencer, Worcester, Shrewsbury, Marlborough, Waylands and Watertown to mentioned just a few.

Finally, 235 years ago today, January 24, 1776 Henry Knox completed the impossible journey and delivered the cannons to George Washington at his headquarters in Cambridge.

The guns remained at the headquarters until March 4 when the Continental Army positioned them on Dorchester Heights overlooking the British Army. When General Howe saw Knox's artillery aimed at down at his forces, he knew retreat was his only option.

Two weeks latter, on March 17, 1776 Howe withdrew his troops, ending the British occupation of Boston... thanks in large part to a "bookseller".

Friday, January 21, 2011

Worcester County Courthouse

Earlier this week I wrote about the risks that face the Middlesex Superior Courthouse here in Lowell after the new Judicial Center opens in 2015. Much of the concern about the fate of the Lowell courthouse is due to a like situation in Worcester. In that city, all court functions moved from the 112-year old Worcester County Courthouse into a new judicial center in 2007. At the same time, the Worcester Registry of Deeds moved into leased space at the former Worcester Galleria Mall. The county courthouse remained vacant since then; and on December 30, 2010, the Division of Capital Asset Management, the state agency responsible for all state buildings, had an auction scheduled to sell the structure. When only one bidder came forward to participate in the auction, DCAM canceled it. Now the future use and even the future survival of the Worcester County Courthouse are in doubt. Hopefully, the same thing doesn't happen here in Lowell.

Thursday, January 20, 2011

"The Fighter" and the Golden Globes

Regular readers of this site know that we have a deep interest in the movie, "The Fighter" which is the story of Lowell boxer Micky Ward. The movie was filmed here in Lowell during the summer of 2009 including several scenes right here in the courthouse in which the registry of deeds is located. This past Sunday night at the Golden Globes award ceremony, "The Fighter" won two awards. Christian Bale was named Best Supporting Actor for his portrayal of Ward's half-brother, Dick Ecklund and Melissa Leo won the Best Supporting Actress award for her role as Alice Ward, Micky's mother. With such a good showing with these awards, interest is building for the Academy Awards in March. Over time, I've created a Google Map Mashup that identifies various spots around the city that were used in the filming of the movie. Here it is:


View "The Fighter" in a larger map

Wednesday, January 19, 2011

New Legislation on Foreclosures

With the start of the new legislative session on Beacon Hill, a number of bills have been filed that would effect the process of foreclosures in Massachusetts. As reported by the Boston Globe yesterday, one proposal would require all foreclosures to be first approved by a judge, another would "force lenders to prove they possessed a valid title" and a third would "require foreclosing banks to negotiate with homeowners by sitting down with a third-party mediator."

While there may be near unanimous agreement that foreclosures are a problem, reaching consensus on the causes of the problem or the proper response is more elusive. For that reason, many of the bills of the type described above tend to linger in committee and die a slow death. It's perhaps better to move slowly when amending procedures that have been in place for long periods of time.

Tuesday, January 18, 2011

The Future of the Superior Courthouse

This past Sunday's Lowell Sun ran a story about the uncertain future of the Middlesex Superior Courthouse after the new Lowell Judicial Center opens in 2015. Once that facility is operational, the Superior Court and related functions such as the Clerk's Office and Probation will move to it along with the District Court and perhaps the Juvenile Court (which is now in rented quarters with a long-term lease). The Registry of Deeds will not go to the Judicial Center - that much is clear. Where we will go is an open question. It's possible that we will stay here or move to another site. The possibility of the registry moving has been apparent for years, so everything we have done (digitizing records, purchasing and disposing of equipment and furnishings) has been compatible with moving to a smaller facility.

The bigger question to me is what will happen to this building? Any redevelopment will certainly be a challenge given the age of the building and a certain amount of disrepair. But the building is in a great location with the highway 100 yards to the south, the train station 200 yards to the west, and downtown Lowell 250 yards to the north. Plus, the building is spacious, has had many updates, and has parking and green space. Despite all those assets, if nothing is done until after the Superior Court moves out, chances are it will be too late to save this structure.

Friday, January 14, 2011

Statistics for mid-January 2011

With a long weekend in front of us (this coming Monday is the Martin Luther King holiday and the courthouse and registry will be closed), it's time to look at our mid-January recording statistics. Although 2010 as a whole presented bleak stats (compared to 2009, deeds and mortgages were flat and orders of notice and foreclosure deeds were up about 40%), since October, the trends have been quite positive, with mortgages up 40% each month when compared to the same month in the previous year, and foreclosure activity down more than 50%.

These positive end-of-2010 trends continue into the beginning of 2011. When January 1 through the 13 of 2011 is compared to the same days in 2010, we find that deeds are up 18%, mortgages up 59%, and foreclosure deeds and orders of notice both down 80%. Hopefully these positive trends will continue.

Thursday, January 13, 2011

Snowstorm aftermath

The registry of deeds is open for business this morning and all the sidewalks and stairs leading into the courthouse are clear of snow. School was canceled in Lowell today which was probably a wise decision. We received close to 20 inches of snow yesterday and it didn't stop falling until early last evening. The streets are clear but they are also narrow, the snow banks are high, and even sidewalks that had once been shoveled now have giant mounds of snow blocking the walking path across streets. An extra day for cleanup will make it safer for the kids.

We, along with all courthouses in the state, were closed yesterday which is a rare occurrence. All are open today. We only had 62 electronic recordings waiting for us which is about average these days, so there wasn't a big backlog. As I write, the mail carrier pulled up out front. He doesn't seem to have a larger than normal quantity of incoming mail. I think East Coast storms as compared to those directed just at New England push back mail delivery several days because of the large volume of mail that travels by air.

The biggest problem we face seems to be the tin roof that was constructed over the front entrance to the courthouse. This was built ten years ago as a temporary measure to protect against chunks of the building's facade that had began tumbling down onto the front stairs. The thing has been up for so long and has been subjected to so much wind and weather that it's starting to peel off. Already two panels have flown off. Today's wind causes the next panel in line to buck and bang. Soon it's remaining anchor screws will give way and the sheet of medal will slice down onto the sidewalk. Hopefully no one will be standing there when it falls. The trial court maintenance has told folks who called to complain that it will be repaired as soon as possible. Let' hope so.

Wednesday, January 12, 2011

Registry of Deeds closed today

All courts in Massachusetts are closed today due to the ongoing snowstorm, so the Middlesex North Registry of Deeds in Lowell is closed today as well. We will reopen at 8:30 am tomorrow.

Tuesday, January 11, 2011

More thoughts on Ibanez

Here are more of my thoughts on the SJC's Ibanez decision: I don't think the result is as apocalyptic as many may portray it although it still presents a substantial glitch in the land records system. Certainly the most prudent course for any future foreclosure is to be sure the proper assignments in their traditional form are completed and recorded in the proper sequence - that's the only way to "foreclose" an endless stream of questions and doubts from future attorneys who are assessing the state of the title. But that's not what the SJC ruling requires which is a good thing since so many parties to the securitization chain either no longer exist or exist only as a different corporate entity. If the original lender no longer exists, how can it produce a valid assignment if one didn't exist before its demise?

What the SJC requires is sufficient evidence that the assignment was completed before the assignment actually took place. That evidence must be a writing, signed by the party doing the transfer that adequately describes the mortgage being transferred. What might satisfy that evidentiary requirement is almost limitless. It might be an email or a cover letter or a computer printout. So the first problem is one of evidence. Who has custody of all of this documentation (in both paper and electronic form) and who can find it? As the whole robo-signing controversy shows, this industry paid little attention to the details of documenting these transactions so trying to reconstruct what was shoddy documentation in the first places is a big obstacle.

The second big issue is who is to be the judge of this evidence? For every non-traditional assignment (meaning anything that is not the written, signed, notarized document recorded at the registry of deeds) someone has to determine whether the evidence presented is sufficient. Does it have to be a judge? Or will the title insurers come to some type of consensus on what constitutes adequate proof - will an affidavit by an attorney attaching copies of email, printouts, etc, that establish the chain of ownership of the mortgage that all then gets recorded at the registry of deeds be sufficient? Obviously the affidavit is a lot less burdensome than a formal judicial petition. With so much antagonism towards the lending industry, however, I don't think too many people will be worried about what's easiest for them.

Ultimately, I believe the solution must be a legislative one. Back in 2004, the state legislature amended MGL c.183, s.54 regarding mortgage discharges. Back then, many homeowners found it almost impossible to obtain mortgage discharges because of turbulence in the lending industry. In this statutory amendment, the legislature enumerated specific types of documentation that could be used, often in conjunction with an attorney affidavit, in lieu of a traditional discharge. I suspect that might be the best solution to this issue, although it will take a year or more to enact.

Monday, January 10, 2011

A Tweeting Refrigerator?

I am a self confessed, unabashed, gadget loving guy. Hey, what can I say...I am just a good consumer.

An HDTV, a Blu-ray player, streaming Netflix movies, an iPhone 4G, audio activated GPS system in the car...I looovvvve this kind of stuff.

But truthfully, the latest gadget by Samsung may even be a little much for me.

It is a refrigerator that can send tweets...no lie.
But not only does Samsung's new refrigerator send tweets, it also plays Pandora Radio, displays your google calendar, connects to the Internet recipe site "Epicurious", and reads the outside temperature. And it does all this using "wifi".

And I thought having an ice maker in my refrigerator was a big deal...

Check it out...

Friday, January 07, 2011

SJC upholds Ibanez

In a closely watched case, the Massachusetts Supreme Judicial Court has upheld a decision by the Land Court that invalidated two foreclosures because of missing assignments of mortgages. The companion cases involved home foreclosures in Springfield conducted by entities that had come into possession of the relevant promissory notes as part of a larger pool of mortgages that were repackaged and sold to investors. In both cases, the companion mortgages were not clearly assigned by the original lenders. When the entities claiming to be the present holders of the mortgage conducted foreclosure sales, there was no record that they were the legal holders of the mortgages. Both cases came to the Land Court via Petitions to Quiet (i.e., "Clear") Title brought by the lenders. Because the industry practice had been to not worry very much about assignments, no one involved expected the outcome to be anything but automatic in favor of the foreclosing lenders.

The trial judge thought otherwise. After trial and a subsequent hearing on a Motion to Vacate, Land Court Judge Keith Long ruled that neither lender had proven ownership of the mortgages that were foreclosed and that their titles were therefore defective. The lenders appealed and the Massachusetts Supreme Judicial Court allowed a Request for Direct Appellate Review. The case was argued before the SJC on October 7, 2010.

Today's decision, authored by Justice Gants, upholds the Land Court decision. The SJC makes clear that a recorded (at the registry of deeds) or even a recordable assignment is not required to effectively pass title. What is required is evidence of some writing or writings that establish a chain of ownership of the mortgage from the loan originator to the entity conduction the foreclosure. The opinion suggests that documents like the trust agreement between investors or the mortgage loan schedule offered by the banks as evidence of the assignment, may have been sufficient had they identified these particular mortgages with "adequate specificity." Such was not the case, however.

What are the implications of Ibanez? For every foreclosure (and for every post-foreclosure sale of a property)going back in time, the first step will be a search for pre-foreclosure assignments. If the assignments were on record and in the proper chronological sequence, then that should end the inquiry. If assignments are missing or if they are out of order, then I think that will qualify for a defect in the title. Whether that defect is curable is a question of fact in each case. Can the entity that conducted the foreclosure produce sufficient evidence to persuade a judge (or at least the next attorney rendering an opinion on the title) that the assignment was effectuated pre-foreclosure sale. If such evidence is not forthcoming, then the defective title remains.

I can't quantify how many foreclosures fall into this category, but given the shoddiness of the overall documents I saw being recorded throughout the recent housing boom, I suspect there are quite a few.

Thursday, January 06, 2011

December recording statistics

The other day I posted recording statistics for all of 2010. For the year as a whole, the numbers were discouraging with deeds and mortgages flat and foreclosures up. But I also wrote that the annual numbers are a bit deceptive: Since October, our recording statistics have been quite positive and December continued that trend.

Here are the numbers for December 2010 compared to the same month in 2009:

In December 2010, there were 497 deeds recorded, a 15% increase from the 431 recorded in December 2009;

In December 2010, there were 1623 mortgages recorded, a 53% increase from the 1059 recorded in December 2009;

In December 2010, there were 44 orders of notice recorded, a 56% decrease from the 101 orders of notice recorded in December 2009;

In December 2010, there were 13 foreclosure deeds recorded, a 59% decrease from the 32 recorded in December 2009.

Wednesday, January 05, 2011

Cleaning the Scanner

Every so often our scanners need a bath...The one pictured below getting a good cleaning is a real work horse at the registry of deeds. It is located directly behind a prime recording station. I estimate this machine scanned over 300,000 images last year alone.


Tuesday, January 04, 2011

2010 Recording Statistics

Here are the recording statistics for 2010 compared to 2009:

Deeds: For 2010 there were 5390 deeds vs 5434 for 2009, a 1% decline

Mortgages: For 2010, there were 13,675 mortgages v 14,519 for 2009; a 6% decline

Foreclosure Deeds: For 2010, there were 585 foreclosure deeds v. 400 for 2009, a 46% increase

Orders of Notice: For 2010, there were 1143 orders of notice v 834 for 2009, a 37% increase.

While these figures make 2010 look pretty bleak, it was the beginning of the year that was troublesome. Since October, the numbers have been mostly positive, something I'll write about later this week.

Monday, January 03, 2011

My 2011 Techie Predictions


As 2011 begins I thought it would be fitting to make a list of my top ten techie predictions.

1. Priced at $499 the Apple iPad will continue to dominate the market unless other tablet manufactures reduce their prices far below Apple.

2. Google's Chrome will surpass Mozilla's Firefox in the race for browser domination.

3. TV manufactures will finally find a way to search the Program Guide without picking letters using the awkward up/down, left/right arrow keys.

4. Amazon's eReader the Kindle will go bye bye.

5. Barnes and Nobles color eReader the Nook will survive, only if priced well below the iPad.

6. Rupert Murdoch's experiment that will charge people to read his newspapers online will fail drastically.

7. For the first time since its conception, Facebook will begin to lose membership. Burdened by its own largess Facebook will find members turning to small social networking sites that cater to member’s niche interests. Thankfully, the days of reading, "what someone ate for breakfast" may be over.

8. Bluetooth devices will be replaced by WiFi 2 devices that provide a stronger signal.

9. Boredom will get the best of Microsoft founder Bill Gates and he will come out of retirement.

10. The success of Netflix Instant play movies will spawn several copycats and keep consumer prices low.

Friday, December 31, 2010

Registry Top Ten of 2010

Here are the Top Ten registry of deeds events of 2010 in no particular order:

1. Electronic recording continues to become a major point of entry into the registry for new documents. From January to June, electronic recordings constituted 15% of our average daily recordings; from July to December, electronic recordings accounted for 23% of our daily recordings.

2. In June, contractors began construction of an elevator here at the Middlesex Superior Courthouse. The elevator, which is expected to be finished in the spring of 2011, will only service two floors but it will make the important parts of the building accessible to all.

3. Because of the ongoing financial crisis, the Commonwealth announced that groundbreaking for the new Lowell Judicial Center has been pushed back from 2011 to 2013 with an estimated completion date of 2015.

4.The total number of documents recorded for 2010 was down from 2009 by about 3%. For the entire year, the number of foreclosures was up 40% (which is bad) but starting in October, the numbers dropped consistently by more than 50% per month through December.

5. In December the legislature passed a complete revision of the state’s homestead law which will take effect in March 2011. The new law creates an automatic homestead exemption of $125,000, preserves the “declared” exemption of $500,000, and clarifies a number of ambiguities that existed in the old law.

6. The legislature also clarified the moment at which a document is deemed to be recorded in response to the “National Lumber” case from several years ago. National Lumber said a document was “on record” when it was physically received by the registry. The new law specifies that “on record” means the moment at which the registry assigns a book and page number to the document.

7. In July, the registry began using our new GIS app for recorded subdivision plans. This program, which will not be publicly available for at least a year, creates a Google-maps type of mashup that will show our recorded subdivision plans as interactive rectangles. Once finished, the user will zoom into a locus and see which, if any, subdivision plans include that area. Registry employees are currently plotting each plan in the program which is a time-consuming process.

8. A number of refinements and corrections have been made to the new version of the Mass Land Records website. While the old version is still the default setting, all major bugs were eliminated from the new version and the scanned images of all Middlesex North documents including pre-1855 documents and all grantor and grantee indexes.

9. After some basement flooding in the spring of 2009, we completely reconfigured our document and technology storage facilities in the basement of the courthouse so that all items are better protected from environmental damage and are more portable in the event we move to a new facility.

10. In December, the Lowell-based movie “The Fighter” was released to wide critical acclaim. Portions of the movie were filmed here at the Superior Courthouse during the summer of 2008.

Thursday, December 30, 2010

Top Ten of 2009

Here's last year's Top Ten list. Check back tomorrow for our 2010 list.

As this very interesting year draws to a close amidst cold temperatures and heavy snow, here are some of the top events of 2009:

The state’s financial crisis caused mid-year cuts and a reduced budget for FY10, curbing our ability to implement new technology and registry-related applications.

Despite the slow overall real estate market, there was a surge in electronic recording this year. The total number of documents recorded annually since we implemented the system are as follows: In 2005 – 1057; in 2006 – 1871; in 2007 – 3491; in 2008 – 3956; and in 2009 – 8100.

Using existing equipment and our employees, we completed several scanning projects. The last of our older record books were disassembled and scanned replacing and improving the existing images of those documents which were derived from microfilm; all “county layout” plans were scanned; all registered land books back to book 183 were taken out of service after they were fully scanned.

The Middlesex South Satellite office was reorganized in March, then closed at the end of June, but immediately re-opened by the Secretary of State’s office which continues to operate the Satellite Office at the end of the year but announced that it will close permanently on January 22, 2010.

As soon as 16GB flash drives became affordable, we allowed customers to bring us their own drives and obtain a free copy our entire 1630-1975 PDF grantor/grantee index which was previously available only on in-house registry computers.

Since all books have been taken out of service and all document images are available online, the registry turned in the last of its coin operated photocopiers.

Hollywood occupied the courthouse for a few days this summer to film some scenes from “The Fighter”, the story of Lowell’s Micky Ward which stars acting heavyweights Mark Wahlberg, Christian Bale and Amy Adams.

This fall, the registry made hand sanitizer and tissues available for staff and customers in an effort to minimize the impact of the H1N1 flu.

The Registered Land section was relocated from the rear of the building where it had been located for more than ten years to the former record hall which allowed us to consolidate all recording functions in one place. The former registered land office was transformed into a public closing area but was then pressed into service as the Middlesex South Satellite Office while that function was controlled by the Secretary of State’s office.

The registry tried to maximize our use of “new media” as a means of communicating with our customers, shifting our six-year old blog to the Blogger hosting service; we also created a fan page for the registry on Facebook; and began using our Twitter account regularly.

Wednesday, December 29, 2010

Top Ten of 2008

Another installment in our Top Ten retrospective:

At the end of each year, we search back through the previous twelve months and try to identify the ten most important events at the registry. Here’s what I came up with:

1. The Paperless Registry – On April 1, 2008, we closed off the Lower Record Hall to public access and thereby made all record books and indexes available only on our computer system.

2. Recession – The staggering economy continued to drag down home values while the number of foreclosure deeds filed in 2008 exceeded those filed in 2007 by 37%.

3. Budget Cuts – Lower than anticipated tax revenue resulted in mid-fiscal year cuts to the registry budget, greatly restricting our ability to add enhancements to our computer system.

4. Registry Scanning Center – The closing of the Lower Record Hall to public access allowed us to transform that area into a scanning center that locates our scanning equipment adjacent to the older record books that need to be cut apart and scanned to replace the existing electronic images that were derived from microfilm.

5. Expansion of Electronic Recording – The registries of deeds in Plymouth and Springfield commenced electronic recording, bringing to three the number of registries utilizing e-recording technology.

6. Middlesex North Satellite Office – With the completion of its renovated recording area, the Middlesex South Registry of Deeds activated its Middlesex North Satellite Office, allowing customers to record documents for Lowell in Cambridge.

7. Equipment Upgrades – At the end of the past fiscal year, we were able to purchase a replacement for our nine year old computer server and a new Kodak Archive Writer which allows us to produce archival microfilm directly from scanned document images.

8. Multiple Documents – After an Appeals Court decision invalidated the registry practice of charging multiple fees for documents that performed multiple functions, the state legislature amended M.G.L. c. 262, s. 38 to specifically allow the calculation of fees in that manner.

9. Judicial Center – The city of Lowell and the Commonwealth of Massachusetts reached an agreement by which the Commonwealth paid the city $3.8 million for a parcel of land in the Hamilton Canal redevelopment district that will be the site of the soon to be constructed Lowell Judicial Center.

10. MERS Project – When MERS – Mortgage Electronic Registration Systems Inc., came into existence in 1998, we decided to index documents from MERS only under that name and omit the name of the underlying lender. That helped our efficiency in processing the tens of thousands of mortgages that were recorded in the interim, but left us unsure as to the identity of the lenders who made the most problematic loans. This year we’ve gone back into all mortgages from MERS and added the name of the actual lender.

Tuesday, December 28, 2010

Top Ten of 2007

Here were the Top Ten events at the Middlesex North Registry of Deeds during 2007:

Here’s my list of the top ten events that effected the Middlesex North Registry of Deeds during 2007.

1. On August 20, 2007, we fully implemented our “scan and return” operation. From that day forward, all recorded documents were scanned at the time of recording and immediately returned to the customer.

2. The physical layout of the registry changed significantly, with all books and the traditional research tables removed from the Upper Record Hall, replaced by a joint Middlesex North – Middlesex South recording area and by tables available to the public for real estate closings. In addition, the Plan Room moved to an alcove off the Upper Record Hall and Customer Service moved into the former recording counter area.

3. All scanning efforts were devoted to improving the quality of our online documents. More than 1800 “new” books (the white plastic covered, 9 x 12 inch versions) have been rescanned. We also “borrowed” a book cutter from the Worcester Registry. We use this to cut the pages out of the old, large format record books to make rescanning them easier and more efficient.

4. The volume of documents being recorded continues to go down, except for foreclosures which continue to go up.

5. The Massachusetts Registers of Deeds Association finally adopts Document Formatting Standards which will take effect on January 1, 2008.

6. Work continued on our “Chain of Title” project in which we link together deeds that relate to the same parcel of land. We have completed Dracut and Chelmsford and are now working on Westford. When this is finished, you will (among other things) to trace back ownership of a property through time with just a click of the mouse.

7. The State Department authorized the Middlesex North Registry of Deeds to serve as an agent for the reception of US Passport applications.

8. Three new companies (Simplifile, Ingeo and LandData) joined eRX in electronic recording with this registry.

9. We have installed wireless internet service in the registry for public use (although we will not be turning it on until January 2008).

10. A company called National Deed Service aggressively markets it service of obtaining a homeowner a certified copy of the homeowner’s deed for $50, something the registry provides to the homeowner for free.

Monday, December 27, 2010

Blizzard Dec 27, 2010

Pictures around the Lowell Superior Courthouse, home of the Middlesex North Registry of Deeds, during the blizzard that hit our region on December 27, 2010.

Click on picture to enlarge

Registry Top Ten of 2006

In this the final week of 2010, we're republishing Top Ten lists from year's past. Today is 2006:

10 Seven new registers of deeds will soon take office across the state in the following districts: Berkshire Middle, Berkshire South, Franklin, Worcester North, Essex North, Nantucket and Bristol North. With much registry-related policy now being established by the Massachusetts Registers of Deeds Association, a turnover of a full one-third of that organization’s membership (there are 21 registries in the Commonwealth) will have a major impact across the state.

9. On December 23, 2006, the LowellDeeds Blog celebrated its 3rd birthday, making it one of the oldest blogs of any type in the area.

8. Statistics became an item of greater interest at the registry this year. For example, early next week we will add a chart to our website that shows thirty years worth of recording data and associated information such as the prime rate and unemployment stats in an historical context.

7. The Middlesex South Satellite Office moved from the rear of the Superior Courthouse to former Record Hall in the front of the building.

6. The electronic images of all pre-1855 documents (the old “Middlesex South” books) were digitized and have now been added to the registry’s website where they can be retrieved by book and page number.

5. The marginal reference data capture project was completed. Employees went through every existing record book to locate all marginal references. These were then entered into a database that will soon be imported into the registry’s primary computer system. With these references captured electronically, the last reason to retain printed books on the shelves was eliminated.

4. Two thousand record books that were created during 1999, 2000 and 2001 were taken out of circulation and placed into storage to allow us to recapture more of the Record Hall for work space. (We stopped making paper books entirely in November 2001).

3. The informal partnership between the registry and MassGIS (the state’s online mapping agency) advanced with Middlesex North participating in GIS Day at the statehouse on November 16 and with both agencies making significant progress in our efforts to integrate our documents with MassGIS’s maps and overhead photos.

2. The slide in the real estate market continued with our overall volume of documents recorded down by 17% from the amount recorded last year. The number of foreclosure deeds recorded this year (165) was a 300% increase from last year, but still not close to our historic high of 761 in 1992.

1. To reduce the risk of identity theft, registry employees redacted thousands of social security numbers from previously recorded documents.

Courthouse (and Registry) to open at noon

Because of the overnight blizzard, the Trial Court has ordered that the Middlesex Superior Courthouse here in Lowell - the home of the Middlesex North Registry of Deeds - remain closed until noon today. We are here at the registry and are ready to begin operations at noon.

Driving in this morning, the road conditions were not too bad within the city of Lowell; main streets were down to bare pavement although side streets were snow covered and slippery. Aside from a few snowplows, no one else was on the road this morning, which probably gave those plows plenty of space to clear the roads so well.

Friday, December 24, 2010

The Registry Top Ten: 2005

At the end of each year, we present our top ten events at the Middlesex North Registry of Deeds for the past 365 days. For the coming week, we'll repeat our lists from year's past, with the 2010 list coming on December 31. Here were the big registry events of 2005:

As 2005 draws to a close, it’s time for us to review this year’s Top Ten registry events:

10. The procedures at our recording counter were revised, putting more of the responsibility for pre-recording quality control of documents on the customer through the use of a document checklist.

9. Concerns about identity theft and the security of sensitive personal information led the Registers of Deeds Association to establish a prohibition on the recording of documents that contain social security numbers. Thus far, this limitation does not apply to state and federal tax liens and releases.

8. Google Earth, Google Maps and other GIS applications became commonplace and irreplaceable as parts of everyday life. They offered a glimpse of the type of mapping/data integration that will become a core mission for registries of deeds during the next few years.

7. We established a type of free advertising section called “Our Customers” on our website. Real estate professionals with websites can request a short description of their businesses and links to their websites from a designated portion of www.lowelldeeds.com.

6. The total number of recorded land documents processed this year was slightly less than 88,000, a slight decrease from 2004 but further evidence that a slowdown in the real estate market is upon us.

5. The Registers of Deeds Association published a major revision to the Deed Indexing Standards of the Commonwealth of Massachusetts to become effective January 1, 2006.

4. Besides turning two years old, the LowellDeeds Blog received an entirely new appearance in December that provides more functionality and permits greater reader involvement.

3. In the National Lumber case, the Massachusetts Appeals Court issued a decision of great significance to registries of deeds. While the Court did, in fact, literally interpret the registry of deeds statute (chapter 36), the interpretation was greatly at odds with the established and accepted practice. Many of the consequences of this case will not become fully apparent until well into 2005.

2. The Middlesex North Registry has devised a method of presenting pre-computer Grantor Indexes to the public as PDF documents on a multi-volume set of CDs. During the first quarter of 2006, all Grantor Indexes back into the 19th Century will be available in this format.

1. Electronic Recording became a daily event during 2005 with nearly 1,000 documents recorded in this manner. There are many details that must still be resolved, but the technology has proven to be useful and reliable.

Happy New Year, everyone!

Thursday, December 23, 2010

Registry Holiday Schedule

With Christmas only 48 hours away, here's a recap of the registry's holiday schedule: There isn't one. We'll be open our normal hours on our normal days which means 8:30 am to 4:15 pm tomorrow (Christmas Eve) and on next Friday (New Year's Eve - December 31). By some legislative quirk, if a holiday such as Christmas or New Years falls on a Sunday, then the courthouse - and by extension the Registry of Deeds - would be closed on Monday. If the holiday falls on Saturday as is the case this year, then the building stays open on Friday (and Monday) and all employees receive a "floating holiday." Even though we will be open, many of our employees will take Christmas Eve day off, but even though only a reduced staff will be on hand, we will still be able to take care of all your recording needs.

Wednesday, December 22, 2010

Yahoo May Be Gone!


Do you remember the once mighty Yahoo?
Of course you do, everyone does.

OK, how about this one...Do you remember the once mighty search engine Alta Vista?
That’s probably a maybe, depending on your age.

Well, both Alta Vista and Yahoo may be on the way to extinction.
A long, long time ago Alta Vista was THE search engine to use. I loved it. Two years after its launch the company earned an amazing $50 million a year(big bucks for 1997). Alta Vista became so popular Yahoo bought it.
But Alta Vista was destined to fall and fall it did.
The first nail in Alta Vista’s coffin came just a year later (1998) with the advent of google. Google grew so fast that within a few years it buried the once mighty Alta Vista...

Yahoo hung on to the aligning company for its primary search engine.
But now, Yahoo itself is in trouble...

Wow, I remember when Yahoo was cool...it was THE Internet portal to use. Truthfully, we should be telling someone to “yahoo that” rather than “google that”. But it wasn’t meant to be.

Now Yahoo is “yesterday” and google is cool.

In 2000 Yahoo’s value peaked with sharing selling for $118 each. However currently Yahoo trades for around $15 a share.

In 2008 Microsoft made a generous offer to purchase Yahoo for (are you ready) $44.6 billion.
Yahoo foolishly turned Microsoft’s offer down. What were they thinking?

So here is the latest about the crumbling company...

Last week Yahoo laid off 4% of its entire workforce and now the company is closing three of its major divisions, including the once mighty Alta Vista search engine. The other two are delicious and Traffic API.

Tuesday, December 21, 2010

Future uses of Worcester Superior Court

The December 20, 2010 issue of Banker & Tradesman has an article (subscribers only)about the pending auction of the Worcester Superior Courthouse. Generations of lawyers from Greater Lowell are undoubtedly familiar with that building which sits high on a hill on Main Street in Worcester's Lincoln Square. Several years ago, the building became vacant when a new courthouse was constructed for all court activities and the Worcester Registry of Deeds moved into leased space in the former Worcester Galeria Mall.

The Division of Capital Asset Management, the state agency responsible for all state-owned property, will hold an auction on January 19, 2011 with a minimum bid of $100,000 for a building assessed at $4.1 million. City of Worcester planners hope that the successful bidder will choose one of three development strategies: (1) a small business incubator; (2) a museum or other cultural site; or (3) housing. Because of the intricacies of developing such a unique space, however, there is fear that the only option may be to raze the entire structure.

People in Lowell should watch the outcome of this auction and subsequent development very closely. When the new Judicial Center in Lowell is ultimately built, the current Superior Courthouse, set on one of the gateways into the city, will undergo the same process as the Worcester Courthouse now faces. Perhaps there are some lessons we can learn.

Monday, December 20, 2010

"The Fighter" at the Registry of Deeds

In August 2009 scenes for the Lowell based movie "The Fighter" were filmed at the Lowell Superior Courthouse, home of the Middlesex North Registry of Deeds. We took most of the pictures in this video on that day. During the first weekend of the film's nation-wide release it grossed $12.2 million, an impressive start.

Friday, December 17, 2010

Governor signs new homestead law

Governor Patrick signed into law a major revision of the Commonwealth's Homestead Law today. Passed by the legislature just two weeks ago, the new law clarifies many ambiguities about the existing statute and adds several new consumer friendly provisions. I've written about the new bill here and here. It will take effect 90 days from today.

Thursday, December 16, 2010

Mass AG investigating MERS

Yesterday's Globe reported that Attorney General Martha Coakley, at the urging of Essex South Register of Deeds John O'Brien, has launched an investigation of Mortgage Electronic Registration Systems Inc for failure to pay required recording fees in Massachusetts. MERS came into existence in the late 1990s as a type of agent for the mortgage industry. The theory was because the underlying promissory notes to mortgages were being rapidly and frequently bought and sold by lenders and investors, the traditional practice of recording an assignment of mortgage at the registry of deeds with each trade of the note was inefficient. Under this new system, MERS would become the record owner of the mortgage as the agent for whichever entity held the note.

For many years this system seemed to work quite well. I don't ever remember anyone raising questions about its legality until the housing bubble burst just a few years ago. But now across the country courts are scrutinizing the basis of MERS and questioning the legitimacy of mortgages held by the company.

Wednesday, December 15, 2010

Five Techie Gifts

Its late you know...Are you still confused about what to buy for that special someone in your life, like I am? Well, here are five interesting techie gift suggestions...




How about a Bluetooth connected Rearview? This unique car mirror doubles as a caller ID, displaying the numbers of those calling you as they come in.



Or how about a Key Finder with Transmitter and Receiver. Can't find your keys? Just press the transmitter and the Keys(Receiver) give off a loud beeping sound.





Or how about an email notifier. Plug this gadget into a USB on your computer and whenever you get an email it flashes in three different colors.






Or how about a device that is a cellphone, watch, video camera and music play all in one. Yes, you wear it around your wrist and yes, it looks just like a watch...but wow, can it do more.





Or how about a cordless handheld portable scanner. Just swipe this device over a business card or newspaper snippet and you've got a digital copy. And its as small as a pen so it fits right in you shirt pocket.

Now with all this around...I can't figure out why I have to still run out shopping this wekkend.

Tuesday, December 14, 2010

More on the new Homestead Law

Last month I wrote about the major changes to Massachusetts homestead law that were contained in Senate Bill 2406, then working its way through the legislature. Both houses of the legislature passed a final version of the bill and it now sits on the Governor's desk. My understanding he has until this Thursday to sign it. Once signed, the new law will take effect in 90 days.

Besides clarifying several long-standing ambiguities in the law which I wrote about last month, the new law contains a number of new, very consumer-friendly sections. In addition to creating an automatic homestead exemption for all homeowners in the amount of $125,000, the new bill also protects the proceeds of the sale of a home that was covered by a homestead. Here's what the bill says:

Section 8. (a) If a home that is subject to an estate of homestead is sold, whether voluntarily or involuntarily, taken or damaged by fire or other casualty, then the proceeds received on account of any such sale, taking or damage shall be entitled to the protection of this chapter during the following periods:

(1) in the event of a sale, whether voluntary or involuntary, or a taking, for a period ending on the date on which the person benefited by the homestead either acquires another home the person intends to occupy as a principal residence or 1 year after the date on which the sale or taking occurred, whichever first occurs; and

(2) in the event of a fire or other casualty, for a period ending on: ( i ) the date upon which the reconstruction or repair to the home is completed or the date on which the person benefited by the homestead acquires another home the person intends to occupy as a principal residence; or (ii) 2 years after the date of the fire or other casualty, whichever first occurs.

Monday, December 13, 2010

Lowell Superior Courthouse Elevator Dec 13, 2010

This morning I took a walk through the interior construction area of the new Lowell Superior Courthouse elevator. Significant changes have taken place since I last saw the area....
The entire accessible ramp is in, although it is currently in a rough state. Handrails have been installed on the walls the entire length of the ramp. And a new wall has been built dividing an old registry work space in half.

Take a look...

Friday, December 10, 2010

US Chief Technology Officer in Lowell

Aneesh Chopra, the Chief Technology Officer of the United States, spoke yesterday at the Deshpande Foundation/UMass Lowell gathering. He said that people in the White House are closely watching this effort to encourage innovation and entrepreneurship; that there have been countless attempts to recreate the kind of creative synergy that characterized Silicon Valley and they are hopeful that if this experiment in Greater Lowell is successful, it can be duplicated around the world.

Chopra told an interesting story about the President's recent trip to India. That country has made enormous strides just recently in using technology (fiber optic cable and high speed internet primarily) to deliver better government services to people in the most remote regions. From one of the major Indian cities, Obama was hosting a virtual town hall meeting with people in a remote village. He asked for examples of how government technology has made their lives better.

One villager explained that each year he had to borrow money to buy seeds. The government provides access to low interest loans for farmers, but a prerequisite is establishing proof of ownership of land. This farmer needed a certified copy of his deed but was unable to obtain it within the time needed to apply for the loan. Instead, he had to borrow money from a loan shark at an exorbitant rate. This year, through the use of the new technology, the same farmer was able to establish his ownership electronically, and he received the low interest government loan.

Does that mean that registries of deeds in remote regions of India provide superior service than those in the US? I doubt it, but it's an interesting question to contemplate.

Thursday, December 09, 2010

Merrimack Valley Sandbox

I spend the morning at the UMass Lowell Inn & Conference Center along with 300 others at the initial public event of the "Merrimack Valley Sandbox" which is a major initiative launched by the Deshpande Foundation (which also has provided $5 million in seed money) in partnership with UMass Lowell, Merrimack College, Middlesex Community College, and Northern Essex Community College. The objective is to promote innovation and entrepreneurship in the Merrimack Valley and to develop an approach that can serve as a worldwide model.

Desh Deshpande, who along with his spouse Jaishree, created the foundation that bears their name, explained that in the 1970s, "big ideas" came out of places like Bell Labs and IBM. The pressures of globalization, however, have deprived large US businesses of the money needed to promote research and development. Consequently, the "center of gravity" for innovation in American society has shifted to college campuses. This institute and the donated funds (which Deshpande expects to be matched by a like-sized grant by the community), are intended to help create the critical mass of ideas and effort needed for innovation to happen. The "sandbox" imagery is people talking to each other, exchanging ideas, getting excited about a project. This, according to Deshpande, is the key to innovation.

Wednesday, December 08, 2010

30 Years Since Lennon's Death

Thirty years ago today Mark David Chapman shot Beatle John Lennon to death outside his Dakota apartment in New York City. The news of Lennon's murder was most prominently told to the country by sports announcer Howard Cosell on ABC's Monday Night Football.

Thirty years can dull a person's memory of an event and they certainly did mine. Until I researched Lennon's death this morning, I had completely forgotten that one of the contestants in "that" Monday night football game was the New England Patriots. On that now infamous night the Pats lost to the Dolphins in overtime 16 to 13.

Here is a brief summary of the game from wikipedia...

The Dolphins got revenge in a 16-13 overtime win at the Miami Orange Bowl. The Patriots clawed to a 13-6 lead in the fourth quarter, then the Dolphins forced overtime with a David Woodley throw to Nat Moore in the fourth, then Uwe von Schamann won it with a 23-yard field goal in the extra quarter.


Chapman fired five hollow point bullets at Lennon missing him once and hitting him four times. Two bullets hit Lennon in the left lung immediately adjacent to the aorta. After being hit the ex-Beatle staggered a few steps then fell to the ground and bled to death. When Lennon arrived at the Roosevelt Hospital he was pronounced "dead on arrival" at 11:15 PM.

The announcement itself of John Lennon's death by Cosell was somewhat surrounded by confusion and controversy.

Yoko Ono begged the hospital not to report that Lennon was dead until she had informed their son, Sean, who was at home at the time. Not knowing of this request, it so happened that a reporter from ABC's New York affiliate, Alan Weiss, was in Roosevelt Hospital following a motorcycle accident, and confirmed that Lennon was dead. He called ABC News, who relayed the news to Roone Arledge, the executive producer of ABC's nationally-televised Monday Night Football. The confirmation was overheard by Howard Cosell, Don Meredith and Frank Gifford, who were calling a game between the Miami Dolphins and New England Patriots. In a brief conversation amongst themselves during a timeout, Cosell expressed apprehension over reporting Lennon's death on-air, but Gifford convinced him it was the right thing to do. Coming out of the commercial, after a brief set-up by Gifford, Cosell made the announcement: (wkikipedia)
Below is Cosell's sad announcement to the world.


Tuesday, December 07, 2010

Pearl Harbor Day

Sixty-nine years ago today, naval and air forces of Japan attacked the US Pacific Fleet at Pearl Harbor. Achieving complete surprise, the Japanese sank four US battleships, damaged four more, killed 2402 US service members and wounded 1282. On the USS Arizona alone, 1177 of the crew of 1400 died when a Japanese bomb penetrated into a powder magazine and caused a catastrophic explosion.

Earlier today I attended the Remembrance Ceremony held by the Greater Lowell Veterans' Council at the Lowell Memorial Auditorium. The event featured speeches, patriotic songs, a wreath laying and a "water ceremony" during which everyone in attendance walked to the banks of the nearby Concord River and cast flowers into the water in recognition of those who died at sea.

Especially since September 11, 2001, ceremonies recognizing Pearl Harbor have taken on a new significance to me. Both December 7 and September 11 are reminders that whatever price we pay as a nation for being ever-vigilant is well worth the cost.

Monday, December 06, 2010

Judicial oversight of foreclosures

A story in today's Globe reports that Secretary of the Commonwealth William Galvin will attempt to revive previously filed legislation that would alter the way that foreclosures are handled in Massachusetts. Under the current practice, the only judicial involvement in the process occurs at the very beginning, and that's just to ascertain whether any party in interest is entitled to the benefits of the Service Members Civil Relief Act (which provides added protections against foreclosure to those serving on active duty in the US military). Since so few of our citizens are in the military, those cases typically end with a default judgment in favor of the lender. From that point on, the foreclosure is an entirely private affair completely under the control of the lender.

The current system may have worked well in an age when almost all mortgages were granted and serviced by local lending institutions, it falls short in protecting the rights of homeowners under the current evolution of the lending industry - a nationwide, one-size-fits-all model, where individual mortgages are just another commodity to be acquired or disposed of with profit the sole motivator and not some family's house. The shoddy practices of the lending industry both in granting all of the ill-conceived mortgages that gave rise to the housing bubble and the disastrous course those same entities have embarked upon in trying to foreclose on those mortgages, make it abundantly clear that someone needs to be looking out for the interests of the homeowner, and that someone is most appropriately the courts.

Friday, December 03, 2010

City of Lowell contemplates Receivership Program

This past Tuesday I attended a meeting of the Lowell City Council's Housing Subcommittee. The members of the subcommittee viewed a presentation on the city administration's plans to institute a receivership program for homes that are in the foreclosure process and that have either been abandoned or are not being kept up to the necessary standards. I'm still researching the legal foundation for this type of receivership, but as I understand it, the city would petition the Housing Court to have a receiver appointed for the property. That person would then take control of the property, make all necessary repairs and then sell it. Moneys expended by the receiver would constitute a "super lien" on the property that would take priority over other encumbrances, including the first mortgage.

Receivership is a drastic step, but these abandoned homes are like anchors that are dragging down the value of the homes of everyone else in the vicinity. For that reason alone, drastic steps are needed. Hopefully the city will continue to move forward with this effort.

Thursday, December 02, 2010

November recording statistics

The positive trends in recording statistics continued in November. The number of foreclosure deeds recorded declined 50% and orders of notice dropped 61% when compared to November 2009. For those same two months, the number of mortgages recorded increased by 43%, a sure sign that a refinancing boomlet is underway, although it's centered in the towns of the district and has largely bypassed the city of Lowell. The number of deeds recorded is down 15% which is not good news but it's understandable. Ever since the expiration of the Federal home buyer tax credit, things have slowed and, if homeowners believe a recovery in values is underway, however slight, they will be more willing to defer placing homes on the market until that market strengthens a bit more.

Wednesday, December 01, 2010

Lowell Superior Courthouse Elevator Progress

The elevator at the Lowell Superior Courthouse is beginning to look a lot like, well and elevator. As you can see in the pictures below, the shaft is topped with a four-sided, pointed roof giving the structure a sleek look. At this time I am not sure of the estimated completion date, but I'd bet snow is going to fly before it is done.