SENATE, No. 818

By Mr. Brown, a petition (accompanied by bill, Senate, No. 818) of Scott P. Brown, Richard R. Tisei, Bruce E. Tarr, Michael R. Knapik and other members of the General Court for legislation relative to homestead declarations recording of deeds. The Judiciary.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT relative to homestead declarations recording of deeds

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 188 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 2 and inserting in its place the following new section:-

Section 2. Notwithstanding the rights of any mortgagee, upon the recoding of any deed accompanied by an affidavid, signed, sealed and acknowledged that the conveyed premises are the primary residence of the grantee, an estate of homestead shall be created in the conveyed property by the grantee. To acquire a claim of homestead in a manufactured home, the fact that it is designed to be held as such shall be set forth in  writing duly signed, sealed and acknowledged and filed at the city or town clerk’s office in the city or town in which the manufactured home is located. The acquisition of a new estate or claim of homestead shall defeat and discharge any such previous estate.