Real Estate Title Practice in Massachusetts
A title practice clinic-in-a-book
- Product Number: 2224107WFM
- Publication Date: 4/29/2022
- Edition: 4th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
Experts in real estate title practice have teamed up to bring you this comprehensive guide. From this book you will learn the fundamentals of title practice, including the "nuts and bolts" of a title examination, deeds, descriptions and surveys and contracts for purchase and sale. You learn the nuances of trusts, mechanic's liens, easements and restrictions and how they impact titles. Also examined are the impacts on title of bankruptcy, tax title proceedings, eminent domain and adverse possession. The book explores condominiums, homeowners' associations, streets and ways, waterways, wetlands and railroad properties. In-depth guidance is provided for dealing with title insurance and pursuing matters in the Land Court. Let this handbook be your guide through these and other issues in this complicated and challenging area of law.
Recent updates:
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Update: April 2022
Dear Subscriber:
Thank you for choosing to keep your volume of Real Estate Title Practice in Massachusetts current with this 2022 edition. Inside, you will find useful information on such topics as these:
- Eminent domain. See chapter 12 for an updated list of purposes for which a taking may be made, along with citations to Massachusetts law. Chapter 12 also cites recent case law applying the longstanding doctrine of "prior public use."
- Adverse possession; hostile possession. See chapter 13 for two recent cases addressing uses of land and the requirement of "open and adverse" possession in various circumstances.
- Land Court; duties of the title examiner. See chapter 14 for practical tips on the title examiner's obligations where title to the property in question is based on a low-value tax foreclosure, and the title examiner's differing obligations where the property in question is based on a full-value tax foreclosure. The chapter includes a list of things the title examiner must supply when abstracting a foreclosed tax title.
- Foreclosure. See chapter 16 for a note on a memorandum issued by the chief title examiner of the Land Court to all registry districts reminding them of the Massachusetts requirements regarding registration of notarized documents. The memorandum notes requirements for powers of attorney used in connection with a document that is acknowledged by a notary. It includes an admonishment to foreclosure purchasers, particularly those purchasing registered land, to acknowledgement clauses of certain limited powers of attorney.
We at MCLE trust that you will find this new material useful in your practice and valuable in your law library.
Cordially,
Maryanne G. Jensen, Esq., MCLE Director of Publications
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Update: April 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandThe Beginnings of Property Law in Massachusetts
Buy ChapterChapter 2 expandTitle Examination
Buy ChapterChecklist 2.1
- Checklist for Examining an Unregistered Land Title Buy FormChecklist 2.2
- Checklist for Assembling the Abstract Buy FormChecklist 2.3
- Checklist for Examining a Registered Land Title Buy FormChecklist 2.4
- Foreclosure Checklist Buy FormExhibit 2A
- REBA Handbook of Standards & Forms Buy FormExhibit 2B
- Apostille Model Buy FormExhibit 2C
- Massachusetts Deed Indexing Standards, Appendix A Buy FormExhibit 2D
- A Guide for the Use of REBA Forms 60A–62C Buy FormExhibit 2E
- Probate and Family Court Heirs Charts Buy FormExhibit 2F
- REBA Title Standard No. 68 Buy FormChapter 3 expandReal Estate Descriptions and Surveys
Buy ChapterExhibit 3A
- Example Parcel Survey Buy FormExhibit 3B
- Conversion Table Buy FormExhibit 3C
- Explanatory Sketch and Table Buy FormExhibit 3D
- Code of Abbreviations Buy FormExhibit 3E
- Accuracy Standards for ALTA/NSPS Land Title Surveys Buy FormExhibit 3F
- Manual of Instructions for the Survey of Lands and Preparation of Plans: December 16, 2019 Buy FormExhibit 3G
- Abbreviations in a Survey Buy FormChapter 4 expandTitle Insurance Basics
Buy ChapterExhibit 4A
- ALTA Owner’s Policy Jacket (1992 Form) Buy FormExhibit 4AA
- ALTA Homeowner’s Policy of Title Insurance (Revised October 22, 2003) Buy FormExhibit 4B
- Owner’s Policy of Title Insurance Buy FormExhibit 4BB
- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy FormExhibit 4C
- ALTA Loan Policy Jacket (1992 Form) Buy FormExhibit 4CC
- ALTA 19 Series Endorsements Buy FormExhibit 4D
- Loan Policy of Title Insurance Buy FormExhibit 4DD
- ALTA 3 Series Endorsements Buy FormExhibit 4E
- Schedules A and B for Owners and Lenders Buy FormExhibit 4EE
- ALTA 17 Series Endorsements Buy FormExhibit 4F
- Property Description Sheet Buy FormExhibit 4FF
- ALTA 9 Series Endorsements Buy FormExhibit 4G
- Secondary Mortgage Market Endorsement Buy FormExhibit 4H
- ALTA Endorsement Form 9 Buy FormExhibit 4I
- ALTA Endorsement Form 8.1 Buy FormExhibit 4J
- ALTA Endorsement Form 7 Buy FormExhibit 4K
- ALTA Endorsement Form 6 Buy FormExhibit 4L
- ALTA Endorsement Form 6.2 Buy FormExhibit 4M
- ALTA Endorsement Form 5 Buy FormExhibit 4N
- ALTA Endorsement Form 4.1 Buy FormExhibit 4O
- Master Endorsement Buy FormExhibit 4P
- “Date Down” Endorsement Buy FormExhibit 4Q
- Notice of Availability of Owner’s Title Insurance Buy FormExhibit 4R
- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy FormExhibit 4S
- Survey Affidavit Buy FormExhibit 4T
- Surveyor’s Report Form Buy FormExhibit 4U
- Residential Limited Coverage Policy Jacket Buy FormExhibit 4V
- Summary of Castle Enhanced Coverage Policies for One-to-Four Family Residences Buy FormExhibit 4W
- Chart: Castle Enhanced and ALTA Policies Compared Buy FormExhibit 4X
- Castle Enhanced Coverage Owner’s Policy Jacket Buy FormExhibit 4Y
- Castle Enhanced Coverage Loan Policy Jacket Buy FormExhibit 4Z
- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy FormChapter 5 expandDeeds
Buy ChapterExhibit 5A
- Statutory Form Warranty Deed Buy FormExhibit 5B
- Statutory Form Quitclaim Deed Buy FormExhibit 5C
- Statutory Form Release Deed Buy FormExhibit 5D
- Sample Deed Buy FormExhibit 5E
- Declaration of Homestead Buy FormExhibit 5F
- Declaration of Homestead for Elderly and Disabled Persons Buy FormChapter 6 expandEasements and Restrictions
Buy ChapterChapter 7 expandTrusts
Buy ChapterChapter 8 expandContracts for Purchase and Sale
Buy ChapterChapter 9 expandDevolution of Title by Death and by Incompetents
Buy ChapterChapter 10 expandMechanic’s Liens
Buy ChapterExhibit 10A
- Statement of Account Buy FormExhibit 10B
- Notice of Contract Buy FormExhibit 10C
- Notice of Contract—Design Professional Buy FormExhibit 10D
- Notice of Substantial Completion Buy FormExhibit 10E
- Notice of Termination Buy FormExhibit 10F
- Notice of Contract Buy FormExhibit 10G
- Notice of Contract—Design Professional Subcontractor Buy FormExhibit 10H
- Notice of Identification Buy FormExhibit 10I
- Partial Waiver and Subordination of Lien Buy FormExhibit 10J
- Blanket “No-Lien” Bond Buy FormExhibit 10K
- Target Lien Dissolution Bond Buy FormExhibit 10L
- Notice of Dissolution of Lien Buy FormChapter 11 expandBankruptcy
Buy ChapterExhibit 11A
- Motion for Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy FormExhibit 11B
- Complaint by Trustee to Sell Real Property Pursuant to Bankruptcy Code § 363(h) Buy FormExhibit 11C
- Official Form Notices of Sale—Massachusetts Local Bankruptcy Rules Buy FormExhibit 11D
- Form of Bid Procedures Buy FormExhibit 11E
- Motion for Order Approving Breakup Fee, Overbid Provisions and Form of Notice of Sale Buy FormExhibit 11F
- Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy FormExhibit 11G
- Trustee’s Release Deed Buy FormExhibit 11H
- Notice of Abandonment Buy FormExhibit 11I
- Motion by Bank and Trust Company, N.A. for Relief from Stay (with Certificate of Prerelief Conference and Real Estate Worksheet) Buy FormExhibit 11J
- Order on Motion by Bank and Trust Company, N.A. for Relief from Stay Buy FormExhibit 11K
- Notice of Intent to Assume and Assign Real Estate Lease Buy FormExhibit 11L
- Motion for Assumption and Assignment of Real Estate Lease Buy FormExhibit 11M
- Consent to Assumption of Lease Buy FormChapter 12 expandEminent Domain
Buy ChapterChapter 13 expandAdverse Possession
Buy ChapterChapter 14 expandLand Court
Buy ChapterExhibit 14A
- Checklist for Reviewing Registered Land Condominiums Buy FormExhibit 14B
- Land Court’s Outline on Registration/?Confirmation Only Buy FormExhibit 14C
- Land Court Form of Complaint for Registration Buy FormExhibit 14D
- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy FormExhibit 14E
- Land Court Form of Certificate of Opinion Buy FormExhibit 14F
- Mortgagee’s Affidavit Buy FormExhibit 14G
- Sample Case Management Conference Notice and Order Buy FormExhibit 14H
- Sample Pre-Trial Conference Notice and Order Buy FormChapter 15 expandMarketable Title
Buy ChapterChapter 16 expandForeclosure-Related Issues
Buy ChapterChapter 17 expandEnvironmental Issues in Real Estate Practice
Buy ChapterExhibit 17A
- Checklist of Contract Provisions for Typical Land Transaction Buy FormExhibit 17B
- Checklist of Optional Clauses for Complicated Transaction Buy FormExhibit 17C
- “Basic” Conditions for Offer Buy FormExhibit 17D
- Conditions for Offer to Purchase Premises with Known Contamination Buy FormExhibit 17E
- Checklist for Indemnification Clauses Buy FormExhibit 17F
- “Basic” Indemnification Clause for Purchase and Sale Agreement Buy FormExhibit 17G
- “Intermediate” Indemnification Agreement for Execution as a Separate Contract Buy FormExhibit 17H
- “Advanced” Indemnification Agreement Buy FormExhibit 17I
- Warranties and Representations Leaking Underground Tank Cleanup Buy FormExhibit 17J
- Lease Provisions on Hazardous Materials Buy Form - Editors & Authors