Date: | 09/30/2020 |
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Organization: | Land Court |
Referenced Sources: | Registered land memos from the Chief Title Examiner |
From: Christina T. Geaney, Chief Title Examiner
Date: | 09/30/2020 |
---|---|
Organization: | Land Court |
Referenced Sources: | Registered land memos from the Chief Title Examiner |
From: Christina T. Geaney, Chief Title Examiner
To maintain the health and safety of the community we serve, the Land Court Title Examination Department will follow the orders and guidelines set forth by the Supreme Judicial Court, the Trial Court, and the Land Court with respect to occupancy and social distancing. Accordingly, the Title Examination Department will continue to conduct as much of its business virtually (using mail, phone, email videoconferencing and other electronic means) as is feasible. With all submissions to the Land Court, please provide a call back number and an email address. In-person business with the Title Examination Department shall be limited to business or activities that cannot be handled effectively through remote procedures and will be conducted in accordance with the procedures outlined below.
The Memoranda entitled “Interim Procedure for Remote Approvals,” dated March 25, 2020, and “Interim Procedures for the Remote Processing of Subsequent Cases & Condominium Documents,” dated April 10, 2020, are hereby superseded and replaced by the following Sections herein:
I. Emergency and Urgent Document Approvals
II. Subsequent Cases that Constitute Emergency or Urgent Matters
III. Condominium Document Approvals that Constitute Emergency or Urgent Matters
IV. Non-Emergency Document Approvals
V. Non-Emergency/Urgent Matter Subsequent Cases
VI. Non-Emergency/Urgent Matter Condominium Approvals
VII. Questions and Appointments
The Land Court Title Examination Department will continue to accept emergency and urgent matter document approval requests via email. (If any emergency/urgency request that is submitted is not approved as constituting an emergency or urgent situation, the submitter can still proceed to have the matter submitted and processed in accordance with the non-emergency, non-urgent procedures set forth herein.)
The Land Court Title Examination Department will continue to accept electronically submitted emergency and urgent subsequent case requests via email. The remote processing of subsequent cases is available on a very limited basis and depends upon several factors to be assessed by the Chief Title Examiner upon submission of the request and explanation of the nature of the emergency or urgency. (If any emergency/urgency request that is submitted is not approved as constituting an emergency or urgent situation, the submitter can still proceed to have the matter submitted and processed in accordance with the non-emergency, non-urgent procedures set forth herein.)
If the certificate of title or memorandum of unit ownership does not contain a plan reference number, contact the registry district for the plan number. If the plan number is not referenced on the certificate of title or memorandum of unit ownership, submit a copy of the Land Court plan as part of the case. Plans are available at the registry districts.
Land Court
Three Pemberton Square, Fifth Floor
Boston, Massachusetts 02108
The Land Court Title Examination Department will continue to accept emergency condominium approval requests via email. The remote processing of condominium documents is available on a very limited basis, based upon an emergency or urgent reason provided by the submitter. (If any emergency/urgency request that is submitted is not approved as constituting an emergency or urgent situation, the submitter can still proceed to have the matter submitted and processed in accordance with the non-emergency, non-urgent procedures set forth herein.)
Non-emergency document approval submissions may be emailed to LandCourt.Title@jud.state.ma.us with a reference in the subject matter line to “Non-Emergency Document Approval Request.” Non-emergency document approval requests will be processed by the court subject to its available resources and after giving first attention to emergency and urgent matters which have been approved for that status by the court. Otherwise, procedurally, refer to Section I of this Memorandum.
These requests may also be mailed to the Land Court at the mailing address provided for above, with a return, pre-paid envelope large enough to accommodate all of the documents submitted. There is also a drop-off box for the Land Court located in the lobby of the courthouse. No documents are to be brought to or picked up from the Recorder’s Office without a prior appointment.
If documents are dropped off or mailed to the court for approval, and the document(s) is/are appropriate for registration, the document(s) to be approved will be stamped as approved for registration and returned by mail. The submitter will not receive an electronic approval as the original documents will contain the approval stamp required for registration. (In this case, the submitter will not need to provide a Certification to the registry district.)
New Affidavit: If the document approval request is a Post-Foreclosure (Eaton) Affidavit, when applicable, complete the new Affidavit Showing Foreclosure Deed May Be Registered Notwithstanding Foreclosure Moratoria (August 2020), located on the Land Court website in the Forms section, under the topic “Registered land and related forms and instructions.” The completed Affidavit must be submitted for Land Court approval.
Subsequent cases that do not constitute emergency or urgent matters will be processed by the court subject to its available resources and after giving first attention to emergency and urgent matters which have been approved for that status by the court. Non-emergency matters are to be submitted as follows:
Condominium approvals of master deeds and amendments to master deeds that do not constitute emergency or urgent matters are to be submitted as follows:
Registered land questions may be emailed to LandCourt.Title@jud.state.ma.us, and a Land Court Title Examiner will respond to the inquiry. Questions about a particular case are to be directed to the assigned Land Court Title Examiner by email or by telephone.
To schedule a virtual appointment with a Land Court Title Examiner, email a request to the email address provided above. If a matter cannot be addressed by telephone, email, or videoconferencing, and an in-person appointment is requested, please email that request to the email address provided above, including the reason for the in-person appointment.
Any in-person appointment request will be reviewed by the Chief Title Examiner. Appointments will be scheduled in half-hour increments and limited to such allotted time. If the need for additional time is anticipated to conduct the required business with a Land Court Title Examiner, explain that need and request an additional sequential half-hour appointment slot. To make the most of the allotted time, please request, in advance, any case files that will need review. The staff will endeavor to have the files ready for the appointment.
The above processes are subject to further change, revision, or suspension by the Court.