Announcements
New forms available for fee generating appointments
Two forms are now available for Land Court fee generating appointments.
The Affidavit and Request for Non-Successive or Off-List Fee Generating Appointment form can be filed with the court by a party to request that the Land Court appoint a specific person in a pending case instead of appointing the next successive appointee from the court’s existing lists. Under § 3-4 of SJC Rule 1:07, the court must make fee generating appointments successively, unless it finds there are specific reasons to depart from the successive lists.
The Fee Generating Appointment Statement of Payment under SJC Rule 1:07 form may be filed with the court by an appointee to fulfill the statement of payment requirement of § 7 of SJC Rule 1:07.
SJC Rule 1:07 Report: List of all FGA types in the Land Court
Application & Eligibility Requirements
- How to Apply
Land Court Fee Generating Appointments Application Form
To apply for membership on any Land Court FGA list, an applicant must submit:
- A completed Land Court Application Form
- A resume setting forth educational background, year of admission to the bar, and experience in the required fields
- Two (2) letters of recommendation from members of the Massachusetts bar familiar with the applicant’s work
- A sample abstract of title (if you are applying to be eligible for title examiner appointments in Tax Lien foreclosure cases, Registration cases, or Subsequent cases)
- A Certificate of Good Standing as a member of the Massachusetts bar, issued within the last thirty (30) days
Applicants may submit the Application Form, along with all required documentation by email to the Land Court Recorder’s Office, attention: Mary Armstrong, Assistant Clerk at LandCourt.FeeGenAppt@jud.state.ma.us
All Land court fee generating appointments are subject to the requirements of SJC Rule 1:07, including the requirement to timely file fee accounting statements (before receiving payments), which certify the services provided, amount of payment, and itemization of expenses.
In addition, continued membership on the Land Court FGA lists is contingent on maintaining good standing with the Massachusetts bar. Accordingly, as a condition of continued eligibility for appointments from any of the Land Court’s FGA lists, list members are required to submit to the Land Court Recorder’s Office, a Certificate of Good Standing as a member of the Massachusetts bar (issued within the last thirty (30) days) every three (3) years by January 1, starting in 2025. Failure to timely submit the certificate of good standing will result in the suspension of new appointments until the attorney’s compliance is reestablished by submission of the Certificate.
Information about how an attorney can obtain a Certificate of Good Standing is available at: Certificate of Admission and Good Standing (Attorneys).
The specific qualifications necessary to serve as a Land Court fee generating appointee vary for each appointment type. However, all appointees must be attorneys in good standing with the Massachusetts bar who have never been convicted of any felony and have had no discipline imposed (unless an exception has been granted by the court). Limited exceptions may be granted by the court for attorneys who have had bar discipline imposed greater than ten (10) years in the past (for appointments as a Partition Commissioner), or greater than three (3) years in the past (for all other appointment types). Attorneys seeking such an exception must include a written disclosure and explanation for the past discipline along with their application materials.
Generally, any appointee in a Land Court case should be familiar with real estate law in Massachusetts and with Land Court practice and procedures, rules, and standing orders. All applicants will be evaluated on their skills and expertise, including their past performance as an appointee, where relevant. Specific requirements and qualifications by appointment type are detailed in the sections below.
- Court Review and Approval of Applications
Applications submitted to the Land Court will be reviewed on a rolling basis. Each application shall be reviewed, and a determination made as to whether the person qualifies for inclusion on the Land Court’s FGA list(s). Each applicant shall be notified of the results of the court’s review and, if approved for appointments, to which appointment types the applicant may be appointed.
Fee Generating Appointment Types in the Land Court
- Partition Commissioner
Responsibilities
In partition cases brought in the Land Court pursuant to G.L. c. 241, the presiding Land Court judge may appoint an independent, experienced attorney to serve as a Partition Commissioner, see G.L. c. 241, § 12. The appointed Partition Commissioner is responsible for ensuring that proper notice of the partition has been sent to all interested parties, for making recommendations to the court in the form of written reports, and for overseeing the partition, and/or distribution of proceeds under the supervision of the court after issuance of a warrant. Other responsibilities and duties may be outlined by the court in the order making the appointment or in further court orders during the appointee’s service.
In some partition cases, the judge may appoint an attorney serving as Partition Commissioner (or another independent qualified attorney from the Land Court’s FGA lists) to serve as a Master to take evidence, hold hearings, and issue a recommendation and report to the court concerning matters designated by the presiding judge, see Mass. R. Civ. P. Rule 53. When required in certain partition cases, the judge may appoint a Title Examiner to prepare a title report or plan (see G.L. c. 241, § 17), or may appoint a Receiver (see G.L. c. 241, § 25) or Trustee (see G.L. c. 241, § 35) to handle the financial management or other management aspects of the property subject to partition during the pendency of the case. Also, in some cases, an appointee in a partition case may be required by the court to post a surety bond to secure the faithful performance of their duties in the case, including the handling of substantial funds.
Appointment
Partition Commissioners (or Title Examiners, Masters, Receivers, or Trustees serving in partition cases) are appointed from the Land Court’s Fee Generating Appointment (FGA) list maintained for the county or region where the land is located. All Land Court fee generating appointments are made sequentially from the Land Court’s FGA lists, unless the presiding judge determines with written reasons that a non-sequential or off-list appointment is appropriate pursuant to SJC Rule 1:07.
Fees
The fees for the Partition Commissioner’s (or other appointee’s) work on the case are paid out of the partition proceeds, or are chargeable to the Plaintiff, subject to proportional contribution from other parties as determined by the presiding judge, see G.L. c. 241, § 22. The Partition Commissioner (or other appointee) will typically charge their usual and customary rate for comparable legal services. Upon their appointment, the appointee will disclose to the court and the parties their rate and an estimate of the expected time required to work on the matter. In accordance with SJC Rule 1:07, no payment shall be made or received by the appointee until the appointee files a statement under the penalties of perjury, certifying the services provided, amount of payment, and an itemization of expenses.
Qualifications
To qualify for membership on the Land Court’s Fee Generating Appointment list as a Partition Commissioner, the applicant must be an attorney in good standing with the Massachusetts bar who has never been convicted of any felony and has had no discipline imposed (unless an exception has been granted by the court). The applicant must have at least ten (10) years of experience practicing in the real estate field and have sufficient skill and expertise to serve as a Partition Commissioner in real estate partition matters. The applicant’s experience must include at least three (3) cases involving the partition of real estate, at least one of which has been completed either through partition by division or sale. The applicant must also be insured by professional liability insurance, which covers their activities as a court appointee, with coverage of $100,000 or more, and be capable of obtaining a bond if ordered by the court to do so.
Applicants interested in accepting appointments in the Land Court as a Partition Commissioner (or other partition-related appointment) may apply by submitting all required documentation along with the Land Court FGA Application Form and following the application steps noted in the “Application and Eligibility Requirements: How to Apply” section above.
- Land Court Title Examiner – Tax
Responsibilities
Upon the filing of any Tax Lien (TL) foreclosure case in the Land Court pursuant to G.L. c. 60, the court will appoint an independent, experienced attorney to serve as a Tax Title Examiner for the court, see G.L. c. 60, § 66. The appointed Tax Title Examiner is responsible for conducting an examination of the title sufficient to determine the persons who may be interested in the subject property (e.g. equity owners, mortgagees, lienors, attaching creditors or otherwise), and filing a report of the same with the court. The court will then notify all persons appearing to be interested in the property of the pendency of the Tax Lien foreclosure case.
Appointment
Tax Title Examiners are appointed from the Land Court’s Fee Generating Appointment (FGA) list maintained for the county or region where the land is located. All Land Court fee generating appointments are made sequentially from the Land Court’s FGA lists, unless the Recorder, Deputy Recorder, or presiding judge determines with written reasons that a non-sequential or off-list appointment is appropriate pursuant to SJC Rule 1:07. Tax Title Examiner appointments are typically made in a sequence of five (5) appointments at a time. That is, each Tax Title Examiner will receive five (5) appointments before they are rotated to the end of the sequential list.
Fees
The tax title examination fee is set by the court and for cases initiated prior to July 1, 2022, the fee is $150 per title examination report submitted. For cases initiated on or after July 1, 2022, the fee is $250 per title examination report submitted. The fee for the Tax Title Examiner’s work on the case is paid out by the court from a deposit collected from the Plaintiff at the time the case is filed; however, the tax title examination fee is recoverable by the Plaintiff as a legal fee or cost in the redemption amount set by the court.
Qualifications
To qualify for membership on the Land Court’s Fee Generating Appointment list as a Tax Title Examiner, the applicant must be an attorney in good standing with the Massachusetts bar who has never been convicted of any felony and has had no discipline imposed (unless an exception has been granted by the court). The applicant must have at least three (3) years of experience practicing in the real estate conveyancing field of law and sufficient skill and expertise to serve as a Title Examiner in Land Court Tax Lien foreclosure cases. Applicants must have familiarity with cases involving foreclosure of tax titles under G.L. c. 60. Applicants must also submit a sample abstract of title.
Applicants interested in accepting appointments as a Tax Title Examiner in the Land Court may apply by submitting all required documentation along with the Land Court FGA Application Form and following the application steps noted in the “Application and Eligibility Requirements: How to Apply” section above.
- Land Court Title Examiner – Registration Cases and Subsequent Cases
Responsibilities
While the Land Court employs a staff of attorney Title Examiners who work on the court’s day-to-day registered land business, there are numerous instances in which the court will appoint an independent attorney Title Examiner to perform a title examination and file a report in a pending registered land matter. This includes appointments made in original Registration and Confirmation (REG) cases and many types of Subsequent to Registration (SBQ) cases (“S cases”), see generally G.L. c. 185. Registration case and Subsequent case Title Examiners are responsible for determining the persons who may be interested in the subject property and entitled to notice; investigating all facts stated in the complaint; rendering an opinion on the suitability of title for registration (or the withdrawal of title from registration) or such other issues designated by the court or requested by the parties. Other responsibilities and duties may be outlined by the court in the order making the appointment or in further court orders during the appointee’s service.
Appointment
Registration case and Subsequent case Title Examiners are appointed from the Land Court’s Fee Generating Appointment (FGA) list maintained for the county or region where the land is located. Such appointments may be made by the Chief Title Examiner or her designee, or the presiding judge. All Land Court fee generating appointments are made sequentially from the Land Court’s FGA lists, unless the Chief Title Examiner or presiding judge determines with written reasons that a non-sequential or off-list appointment is appropriate pursuant to SJC Rule 1:07.
Fees
The fees for the Registration case or Subsequent case Title Examiner’s work are paid for by the Plaintiff. The appointed Title Examiner will typically charge their usual and customary rate for comparable legal services. Upon their appointment, the Plaintiff and appointee must discuss and agree to a rate or fee and an estimate of the expected time required to work on the matter. The Land Court does not oversee or become involved in the rates or fees negotiated between the appointed Title Examiner and the Plaintiff for the work performed. However, in accordance with SJC Rule 1:07, no payment shall be made or received on account of any appointment until the appointee files a statement with the court under the penalties of perjury, certifying the services provided, amount of payment, and itemization of expenses.
Qualifications
To qualify for membership on the Land Court’s Fee Generating Appointment (FGA) lists as a Registration case or Subsequent case Title Examiner, the applicant must be an attorney in good standing with the Massachusetts bar who has never been convicted of any felony and has had no discipline imposed (unless an exception has been granted by the court). The applicant must have at least three (3) years of experience practicing in the real estate conveyancing field of law and sufficient skill and expertise to serve as a Title Examiner in Land Court registered land cases. For appointment in original registration cases, applicants must be familiar with original land registration and confirmation cases under G.L. c. 185. For appointment in Subsequent cases (“S-cases”) applicants must be familiar with real estate conveyancing law involving registered land. Applicants must also submit a sample abstract of title.
Applicants interested in accepting appointments as a Registration case or Subsequent case Title Examiner in the Land Court may apply by submitting all required documentation along with the Land Court FGA Application Form and following the application steps noted in the “Application and Eligibility Requirements: How to Apply” section above.
- Guardian ad Litem
Responsibilities
In any Land Court case type, the court may appoint a Guardian ad Litem (GAL) to represent a party involved in the case, see generally Mass. R. Civ. P. Rule 17(b), and G.L. c. 240, § 8 and c. 241, § 9. A Guardian ad Litem is an independent appointee who represents and protects the interests of a person involved in a Land Court case who:
- has not been actually served or given notice and who has not appeared;
- is a minor or under other disability and has no guardian or other legal representative within the Commonwealth;
- is incompetent or incapacitated as defined in G.L. c. 190B; or,
- is not in being, unascertained, unknown, or outside of the Commonwealth.
The GAL is an objective and independent attorney, appointed by the court to participate in court proceedings on behalf of the interested person. A Guardian ad Litem does not act as the attorney for the interested person. In some cases where the interested person is already represented by counsel, the GAL will direct the attorney in the representation and in the preparation and presentation of the case, see Supreme Judicial Court Rules of Professional Conduct, Rule 1:14. Other responsibilities and duties may be outlined by the court in the order making the appointment or in further court orders during the appointee’s service.
Appointment
Guardians ad Litem are appointed from the Land Court’s Fee Generating Appointment (FGA) list maintained for the county or region where the land is located. Such appointments may be made by the presiding judge, the Recorder, or Deputy Recorder, or Chief Title Examiner, or their designee, depending on the type of case. All Land Court fee generating appointments are made sequentially from the Land Court’s FGA lists, unless the court determines with written reasons that a non-sequential or off-list appointment is appropriate pursuant to SJC Rule 1:07.
Fees
Generally, the fees for the Guardian ad Litem’s work in the case are to be split among the parties. However, the presiding judge has discretion to reallocate the costs as equity and justice require. The appointed GAL will typically charge their usual and customary rate for comparable legal services. Upon their appointment, the appointee will disclose to the court and the parties their rate and an estimate of the expected time required to work on the matter. In accordance with SJC Rule 1:07, no payment shall be made or received by the appointee until the appointee files a statement under the penalties of perjury, certifying the services provided, amount of payment, and an itemization of expenses.
Qualifications
To qualify for membership on the Land Court’s Fee Generating Appointment (FGA) list as a Guardian ad Litem, the applicant must be an attorney in good standing with the Massachusetts bar who has never been convicted of any felony and has had no discipline imposed (unless an exception has been granted by the court). The applicant must have at least three (3) years of experience practicing in the real estate field of law and sufficient skill and expertise to serve as a Guardian ad Litem in Land Court cases. Applicants must have familiarity with a variety of Land Court case types (e.g. G.L. c. 185, c. 60, c. 240, and c. 241), and Land Court practices, procedures, rules, and standing orders.
Applicants interested in accepting appointments as a GAL in the Land Court may apply by submitting all required documentation along with the Land Court FGA Application Form and following the application steps noted in the “Application and Eligibility Requirements: How to Apply” section above.
- Military Attorney
Responsibilities
The court will appoint a Military Attorney to represent and protect the interests of a servicemember who may be in default of any appearance in a Land Court case. Appointed Military Attorneys act within the framework of the federal law known as the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901, et seq., which provides legal and financial protections for military members and their families and temporarily suspends judicial and administrative proceedings and transactions that may impair the rights of servicemembers during their military service.
Although a Military Attorney may be appointed in any Land Court case type in which a servicemember is a party and has not appeared, Military Attorneys are most frequently appointed in Land Court Servicemembers cases (a case brought against a property owner who is in default of their mortgage to determine if the owner is entitled to SCRA protections). The Military Attorney is responsible for attempting to find and speak to the servicemember to determine if there are any legal grounds to oppose the plaintiff’s case. The Military Attorney may also appear before the court on behalf of the servicemember, and advocate for any protections under the SCRA to which the servicemember may be entitled. If the Military Attorney cannot locate the servicemember, the attorney’s actions will not waive any of the servicemember’s defenses, if presented to the court in a proper and timely way, and will not prevent the servicemember from taking actions on their own behalf. Other responsibilities and duties may be outlined by the court in the order making the appointment or in further court orders during the appointee’s service.
Appointment
Military Attorneys are appointed from the Land Court’s Fee Generating Appointment (FGA) list maintained for the county or region where the land is located. Such appointments may be made by the presiding judge, the Recorder, Deputy Recorder, or Chief Title Examiner, or their designee, depending on the type of case. All Land Court fee generating appointments are made sequentially from the Land Court’s FGA lists, unless the court determines with written reasons that a non-sequential or off-list appointment is appropriate pursuant to SJC Rule 1:07.
Fees
The fees for a Military Attorney’s work in the case are paid by the Plaintiff or party who is seeking a default of the servicemember. The appointed Military Attorney will typically charge their usual and customary rate for comparable legal services. Upon their appointment, the appointee will disclose to the court and the parties their rate and an estimate of the expected time required to work on the matter. In accordance with SJC Rule 1:07, no payment shall be made or received by the appointee until the appointee files a statement under the penalties of perjury, certifying the services provided, amount of payment, and an itemization of expenses.
Qualifications
To qualify for membership on the Land Court’s Fee Generating Appointment list as a Military Attorney, the applicant must be an attorney in good standing with the Massachusetts bar who has never been convicted of any felony and has had no discipline imposed (unless an exception has been granted by the court). The applicant must have at least three (3) years of experience practicing in the real estate field of law and sufficient skill and expertise to serve as a Military Attorney in Land Court cases. Applicants must have familiarity with the Servicemembers Civil Relief Act (SCRA) and the Massachusetts procedures established thereunder (see Chapter 57 of the Acts of 1943, as amended).
Applicants interested in accepting appointments as a Military Attorney in the Land Court may apply by submitting all required documentation along with the Land Court FGA Application Form and following the application steps noted in the “Application and Eligibility Requirements: How to Apply” section above.
- Other (Master, Receiver, Trustee, etc.)
Other types of ancillary fee generating appointment roles in Land Court cases – such as Master, Receiver, and Trustee – are not appointed from separately maintained Land Court Fee Generating Appointment (FGA) lists. Instead, attorneys qualified to serve in the appointment types listed above (Partition Commissioner, Tax Title Examiner, Registration case and Subsequent case Title Examiners, Guardian ad Litem, or Military Attorney) may be appointed by the court to serve in these ancillary roles, depending on the case type and particular skills and expertise required in the case. Accordingly, there are no distinct eligibility requirements for these roles, other than the baseline qualifications necessary to be approved to accept appointments from the other Land Court FGA lists.
If the court makes an appointment to fulfill one of these ancillary roles, the reference or order from the court will specify the responsibilities and duties of the appointee.
For more information about the appointment of Masters, see Mass. R. Civ. P. Rule 53 and G.L. c. 185, § 3.
For more information about the appointment of Receivers, see G.L. c. 241, § 25.
For more information about the appointment of Trustees, see G.L. c. 241, § 35.