| Date: | 10/28/2024 |
|---|---|
| Organization: | Land Court |
| Referenced Sources: | Registered Land Resources |
To: All Registered Land Registry Districts
From: Christina T. Geaney, Chief Title Examiner
This Memorandum supersedes and replaces the Memorandum entitled “Procedures for the Processing of Subsequent Cases, Condominium Documents & Document Approvals,” dated August 3, 2021.
The Land Court has added online resources to assist individuals initiating complaints subsequent to registration (“S-Cases”) or submitting condominium or other documents for court approval. Comprehensive guidance for submitters is now publicly accessible online by selecting “Registered Land Resources” from the Land Court website.
This Memorandum now exclusively provides procedures for Land Registration District staff when accepting court orders, endorsements, or Land Court-approved documents for registration. These procedures, along with the court’s online resources, facilitate continued remote and electronic processing of most registered land matters, for the convenience and benefit of both the public and court staff.
The Land Court Chief Title Examiner reserves the right to further change, revise, suspend, or update these procedures at any time.
Upon conclusion of a subsequent to registration case (S-Case), the Land Court will issue a signed Order of Court or endorsement to the Plaintiff by email. The submitter must then present the Order of Court or endorsement, along with any specified documents, to the appropriate Land Registration District for registration and pay the required fees.
Following issuance of an Order of Court, the Land Court will email the Order to the Plaintiff and the applicable Land Registration District from LandCourt.Title@jud.state.ma.us.
Once the Order is issued, no alterations are permitted. Land Registration District personnel must verify the Order of Court submitted for registration by comparing it to the court-emailed version or the image available on masscourts.org under the S-Case docket number.
The Land Court may endorse a Notice of Voluntary Withdrawal from the Land Registration System in two ways: (1) a Justice may sign (endorse) directly on the Notice, or (2) a Justice may attach a separately signed endorsement to the Notice.
Following endorsement, the Land Court will email the endorsed Notice (or Notice and attached endorsement) and an Exhibit A containing the land description to the Plaintiff. It will be sent to the Plaintiff and the applicable Land Registration District from LandCourt.Title@jud.state.ma.us.
Note: The court’s endorsement, whether directly on the Notice or attached, must be registered as the first page.
Once endorsed, no alterations are permitted. Land Registration District personnel must verify the endorsement submitted for registration by comparing it to the court-emailed version or the image available on masscourts.org under the S-Case docket number.
Upon approval of condominium documents and plans, the Land Court will issue an electronic approval form to both the submitter and the applicable Land Registration District from LandCourt.Title@jud.state.ma.us. The submitter must then present the court’s approval form, along with all original condominium documents and plans to be registered, to the appropriate Land Registration District for registration and pay the required fees.
Note: The approval form must be registered as the first page preceding the Master Deed or Amendment to Master Deed.
Land Registration District personnel must verify the approval form submitted for registration by comparing it to the approval form previously emailed from the court.
Note: The court will email approval forms only. Submitters must provide their condominium documents and plans to the Land Registration District and certify that they are identical to the documents approved by the court.
Once approved, no alterations to the approved condominium documents and plans are permitted without express court authorization. The submitter must provide a separate, signed Certification confirming that the documents and plans to be registered are identical to those approved by the Land Court. When submitted by an attorney, the Certification must include the attorney’s BBO number.
Note: The Certification is not to be registered.
Upon approval of any document requiring Land Court approval, a Land Court Attorney Title Examiner will either stamp the original document as approved or email an approval form to the submitter and the applicable Land Registration District. Emailed approval forms will be sent either from LandCourt.Title@jud.state.ma.us or the assigned Land Court Attorney Title Examiner’s court email address. Whether approved by stamp or approval form, the submitter must present the approved documents to the appropriate Land Registration District for registration and pay the required fees.
If a document bears the stamped and signed approval of a Land Court Attorney Title Examiner, nothing further is needed for registration. The submitter must present the approved document for registration to the appropriate Land Registration District and pay the required fees. The submitter is not required to attach an approval form or certification.
If a document was approved using a court approval form, the submitter must present the approved document for registration to the appropriate Land Registration District, together with the court’s approval form, and pay the required fees.
Note: The approval form must be registered as the final page of the approved document.
Land Registration District personnel must verify the approval form submitted for registration by comparing it to the approval form previously emailed from the court.
Note: Certification is only required for emailed approval forms.
Once approved, no alterations to the approved document are permitted. The submitter must provide a separate, signed Certification confirming that the document to be registered is identical to that approved by the Land Court. When submitted by an attorney, the Certification must include the attorney’s BBO number. If any alterations need to be made, the submitter must contact the Land Court Attorney Title Examiner who issued the approval and request a new approval.
Note: The Certification should not be registered.
