Memorandum  Memo: Registration of a Power of Attorney (POA) or Limited Power of Attorney (LPOA)

Date:	10/29/2025
Organization:	Land Court
Referenced Sources:	G.L. c. 185, § 110 G.L. c. 183, § 32

To: All Registered Land Registry Districts

From: Christina T. Geaney, Chief Title Examiner

Memo

1. Announcement of New Policy

Effective February 2, 2026, the Land Court will no longer approve, and Registry Districts may no longer accept for registration, a power of attorney (“POA”) or a limited power of attorney (“LPOA”) if the powers granted to the attorney-in-fact or agent (“agent”) are conditioned on an off-record document (including but not limited to servicing agreements) or any other vague or indefinite reference. To be acceptable for registration, a POA or LPOA itself must expressly identify the powers granted to the agent and give that agent the express and unconditional power to sign whatever other document(s) the agent is presenting for registration that depends on the POA or LPOA. This policy applies to the registration of POAs and LPOAs along with deeds or other documents executed pursuant to the power.¹ This policy applies as well to all POAs and LPOAs presented with so-called “Eaton Affidavits.”

2. Reason for New Policy (Eaton Affidavits)

Since August 2012, the Title Examination Department (the “Department”) has been responsible for reviewing foreclosure-related documents for compliance with Eaton v. Federal Nat’l Mortg. Ass’n, 462 Mass. 569 (2012).  Frequently foreclosing parties demonstrate such compliance by submitting an “Eaton Affidavit.”² Often the person or entity executing the Eaton Affidavit is doing so on behalf of the foreclosing mortgagee under a POA or a LPOA, and thus the Department’s attorney examiners must review that POA or LPOA along with the Affidavit itself.

An increasing number of these POAs or LPOAs include within them, however, language that conditions the granted powers on off-record servicing agreements or other documentation.³ Such language requires attorney examiners to spend additional time requesting and reviewing off-record documentation to confirm that it permits the agent to sign the Eaton Affidavit. The Department has determined that it should not continue to devote its scarce resources in this manner.

The Department also intends in 2026 to transfer to the Registry Districts primary responsibility for review of many foreclosure-related documents presented for registration.  Ending time-consuming reviews of off-record materials will facilitate the Registry Districts’ review of foreclosure documents and lead to a more efficient registration process.

1. Deeds and other documents executed by an agent must be registered along with the POA or LPOA. See G.L. c. 185, § 110 and G.L. c. 183, § 32.    
2. The title of this affidavit varies but may be called “Affidavit of Continuing Note Holder Status,” “Affidavit Regarding Note Secured by Mortgage Being Foreclosed,” “Post Sale Affidavit Regarding Note,” “Post Foreclosure Affidavit Regarding Note,” “Post Foreclosure Affidavit,” or simply, “Eaton Affidavit.”
3. An example of conditional language is: “provided, however, that the documents may only be executed and delivered by such Attorney-in-Fact if such documents are required or permitted under the terms of the Servicing Agreement,” (emphasis added). The Department and the Registry Districts may accept for registration a POA or LPOA that merely identifies an off-record agreement, but that otherwise enumerates within the POA or LPOA the agent’s powers and expressly grants the agent the unconditional ability to exercise them.