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Land Court complications with a Certificate of Title

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Many of you may already be familiar with the easy distinctions between recorded land, and the land court when it comes to recording or filing documents as part of a sale or refinance.

The recorded side is not as strict, and you can get away with a handwritten correction in the document. On the other hand, you better be sure that your documents are just right when planning to file them with the land court.

It is essential that you carefully scrutinize all the details, because lack of preparation and a careful review will only mean that you need to make a second trip.

The land court does not permit electronic recording.

Here are some common complications that you can easily avoid:

  1. When two spouses have owned a property as tenants by the entirety, filing a death certificate will not be enough for the remaining spouse to convey their interest in the property. The land court will require that you also file an “Affidavit of No Divorce.” Don’t forget to collect the additional recording fee.
  2. When you review a certificate of title for mortgage discharges, a lien release may have been filed with the older certificate of title. If that’s the case, although you may not need a new lien release or mortgage discharge, you will still need to pay the recording fee to have a certified copy carried over and re-filed in the new certificate of title.
  3. When the property you are handling a transaction for is both recorded and registered, be sure to file the documents first with the land court, and then carry over certified copies to be filed with the recorded side.
  4. In the alternative, if a lien release was only recorded and not registered, there is a good chance that you can get a certified copy and then file it with the land court. If the land court registry does not permit you do to so, you may still be able to file the certified copy if you can get approval from the Chief Title Examiner by visiting the actual Boston Land Court. It requires a trip to Boston, but it may same you time, and some frustration.

This article was written by: Francisco

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