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1998 State Legislative Report - Massachusetts

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I CIVIL ACTIONS

S807 - An Act Relative To Divorce Prodecure

Amends Chapter 20, Section 6b by addition of the requirement that the court issue a temporary restraining order in actions for divorce effective upon service of the divorce complaint on defendant which restrains each party from selling, transferring or encumbering any property real or personal belonging to either party except for itemized exemptions.

S838 - An Act Relative To The Concurrent Jurisdiction Of The Land Court

Land court shall have original jurisdiction concurrent with the supreme juicial court and the superior court over equity cases involving right, title or interest in land including specific performance of contracts, and in general enumerated actions involving right, title or interest in real estate.

S799 - An Act Improving The Spousal Elective Share

Establishes a spousal elective share for surviving spouse of decedent who after December 31, 1996 dies domiciled in mass. For an outright share of $50,000 or forty percent (40%) of the value of the elective estate.

S801 - An Act To Eliminate Owners Duplicate Certificates Of Title And To Permit The Removal Of Land From The Registration System

Amends Chapter 185 by adding revised Section 48 and adding new Section 63a for deregistration of land.

II ENVIRONMENTAL ISSUES

H1766 - An Act Providing Protection For The Rivers Of The Commonwealth

Provides a new definition of “river” which is identified as a named river on the latest available official national flood insurance program rate maps published by fema or on the latest us geological survey.

III. ESCROWS

S17 - An Act Relative To The Recordation Of Real Estate Mortgages

Amends Chapter 183, Section 63b exempts any mortgagee maintaining no less than $50 million in capital from the good funds requirements of Chapter 183, Section 63b.

IV. INSURANCE / BUSINESS ISSUES

S15 - An Act Relative To Certain Mortgage Transactions

Limits controlled business and prohibits referral/kickbacks in transaction involving federally related mortgage loan on a one to four family owner occupied residence.

S1948 - An Act Providing Consumer Protection Relative To The Sale Of Insurance By Banks (Known As The Consumer Protection Act Relative To The Sale Of Insurance By Banks)

V. STATUTORY LIENS

CH 147 - An Act Relative To Executors

Provides that an executor’s affidavit appropriately recorded and stating that the gross estate of the decedent does not require a federal estate filing shall release the gross estate of the lien imposed by mass. General laws Chapter 65c Section 6b, for dates of deaths on or after January 1, 1997.

CH 147 - An Act Relative To Executors

Provides that an executor’s affidavit appropriately recorded and stating that the gross estate of the decedent does not require a federal estate filing shall release the gross estate of the lien imposed by mass. General laws Chapter 65c Section 6b, for dates of deaths on or after January 1, 1997.

VI. TAXES

VII. PUBLIC ENTITIES

S809 - An Act To Legitimize Structures After Six Or Ten Years Of Continuous Use

Amends Chapter 40a Section 7 and provides additional protection for improved real property for the structure and the use thereof as to compliance with zoning laws in affect at the times that such structures were erected provided that no action, suit or proceeding of alleged zoning violations has been recorded in the registry of deeds for the county or district in which the real estate is located within a period of six years as to permitted structures or ten years as to non-permitted structures from the date of their construction.

H3956 - An Act Relating To The Requirement Of Approval For Certain Lands Formerly Appurtenant To Railroad Rights Of Ways

Amends Chapter 40 Section 54a by excluding certain transfers of railroad property from the requirements of department of transportation approval prior to the issuance of a building permit.

H3956 - An Act Relating To The Requirement Of Approval For Certain Lands Formerly Appurtenant To Railroad Rights Of Ways

Amends Chapter 40 Section 54a by excluding certain transfers of railroad property from the requirements of department of transportation approval prior to the issuance of a building permit.

S802 - An Act To Require The Names And Addresses Of The Owners Of Land By Eminent Domain To Be Included In The Taking

Amends Section 1 of Chapter 79 by requiring certain specifics in eminent domain takings.

VIII. REAL PROPERTY INTERESTS

H246 An Act Clarifying The Duties Of Real Estate Brokers

Establishes a standard of care for seller, buyer and dual agency brokers.

H5054 An Act Relative To The Condominium And Time-Sharing Laws

Amends Chapter 183a providing for rights and powers of the organization of unit owners to create or designate easements, limited common areas and other rights in condominiums including but not limited to the right to add additional units or land to the condominium or to sever any undeveloped portion of the land of the condominium.

S953 - An Act Concerning Tenants By The Entirety

Amends Chapter 209 Section 1 by making it retroactive for tenancies by the entirety created by deed prior to February 11, 1980.

IX. DEEDS AND SECURITY INTERESTS

S805 - An Act To Protect Owners Of Improved Land

Adds Chapter 183c, the land owners title protection act which establishes that a chain of title for not less than 50 years creates good and clear record and marketable title subject only to certain interest set forth in section 4 thereof including any governmental interest, reversionary interest of a lessor, adverse possession, interest preserved by Chapter 185; all other prior interest are void including but not limited to rights of redemption under tax takings.

H2415 - An Act Relative To Property Tax Collection And Foreclosure Procedures And Practices

Establishes fast track tax foreclosure procedures in instances where real estate taxes due to a city or town exceed 50% of the current assessed valuation of land or where any parcel under tax title for five years or more requiring the land court to expedite action to enable foreclosure by the city of town within 6 months from any applications to the land court.

S958 - An Act To Protect Homeowners Facing Foreclosure

Provides protective procedures, time frames, notice and obligations for foreclosing lenders.

H3187 - An Act To Permit Title Certifications To Conform To Actual Conveyancing Practices

Provides for a standard 50 year search based on a quitclaim deed which on its face does not suggest a defect in said title or in the case of registered land from the owner’s certificate of title.

S14 - An Act Relative To Proceedings For The Foreclosure Of Mortgages Under The Soldiers And Sailors Civil Relief Act

Adds limited liability companies and limited liability partnerships to the category of entities not requiring notice under soldiers and sailors civil relief act pursuant to a mortgage foreclosure.

X. RECORDING

S914 - An Act Establishing The Massachusetts Land Records Commission

Establishes a massachusetts land records commission as a department of the secretary of state for the purpose of establishing an efficient and orderly system for the collection and expenditure of revenues received by the registries of deeds and to reorganize, computerize and improve the service of the registries and provide consulting and technical assistance with respect to capital expenditures.

S803 An Act To Eliminate The Recording Of Trust Documents

Amends Chapter 184 by addition of new Section 34a establishing third party reliance on certificates by record trustees.



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