Memorandum  Memo: Execution/Signature Date on Mortgage Instruments Presented for Registration

Date:	06/14/2024
Organization:	Land Court
Referenced Sources:	Land Court Guideline 17

To: All Registered Land Registry Districts

From: Christina T. Geaney, Chief Title Examiner

Memo

Until recently, mortgage instruments commonly included three dates: 1) an effective date,¹  2) a signature date,²  and 3) an acknowledgment date.³  These dates could be the same or vary. The Registry Districts have typically relied on the signature date as the date of execution for calculating the one-year “staleness period” outlined in Land Court Guideline 17.⁴  However, the most recent Massachusetts Standard Mortgage form adopted by Fannie Mae/Freddie Mac no longer provides a space for an execution date near the signature block.⁵  As a result, numerous mortgage instruments presented for registration no longer contain a clear signature date.

It remains the best practice for mortgages presented for registration to include an explicit signature date. A signature date helps avoid any ambiguity regarding the date of execution and ensures an efficient registration review process.⁶  Nevertheless, this memorandum authorizes Registry Districts to accept for registration mortgages which do not include an explicit signature date, provided the mortgages do contain both an effective date and a date on which the mortgage was acknowledged by the mortgagor(s).

This memorandum additionally is provided to ensure consistency across Registry Districts when applying Guideline 17 to mortgage instruments presented for registration. For mortgages without an explicit signature date, the acknowledgment date may be considered the execution date for purposes of determining the timeliness of the document pursuant to Guideline 17.

Caveat: This Memorandum in part provides guidance, in the particular circumstances described, of the application of Guideline 17 to certain mortgage instruments presented for registration. The legal effect and consequence of the registration of the mortgage instrument will be determined by the Land Court or another court of proper jurisdiction if and when that question is presented.

You may direct any questions about this Memorandum to the Land Court Chief Title Examiner or her designee.

[1] A date on or near the first page, such as: “‘Security Instrument’ means this document, which is dated _____________” or “This mortgage is made on _[date]_.”

[2] A line next to the signature blocks to indicate an execution date, or a line above the signatures stating, “this mortgage has been signed…on the date first written above.”

[3] A date included in the notarial certificate indicating when the notarial act occurred. “An acknowledgment should be dated; however, the date of the acknowledgment may be either before or after the date of execution appearing on the instrument (regardless of length of time).” Land Court Guidelines on Registered Land, Guideline 1 (Acknowledgments: Requirements).

[4] “No deed, mortgage or other instrument transferring an interest in real estate may be filed after one year from the date of its execution unless….” Land Court Guidelines on Registered Land, Guideline 17 (Delayed Filing for Registration).

[5] See Massachusetts - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (Form 3022), revised July 2021.

[6] See Smith v. Porter, 76 Mass. 66 (1857) (“All deeds ought regularly to be dated on the day of their execution.”).