Bill > H1939

This bill amends Section 24 of Chapter 184 of the Massachusetts General Laws to provide a legal mechanism for clearing titles to real property that have technical irregularities in recorded instruments. Specifically, the bill allows instruments that have certain procedural defects to be considered legally valid after a 10-year period, unless a legal challenge is filed during that time. The defects that can be retroactively validated include issues with seals, execution forms, acknowledgment certificates, witness requirements, recitals of consideration, power of attorney execution, and signatures on behalf of trusts or entities. The bill essentially creates a "statute of limitations" for challenging minor technical errors in property documents, which helps provide certainty and stability in real estate title records. The provisions apply to instruments recorded before, on, or after the effective date of the law, with an exception for any instruments already under active legal challenge at the time the law takes effect. This approach aims to simplify property title transfers and reduce legal complications arising from technical administrative errors in property documentation.

Justice

https://malegislature.gov/Bills/194/H1939