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SD 61

An Act to increase transparency in the Massachusetts land record systems to protect the property rights of homeowners and businesses

194th Legislature (2025-2026) Introduced by Mike Brady

Requires mortgage assignments on residential property be forwarded to the registry for recording within 30 days of execution to improve land records transparency.

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Bill Summary · SD 61

Summary of Senate Bill SD 61 (Massachusetts)

Overview

  • Bill title: An Act to increase transparency in the Massachusetts land record systems to protect the property rights of homeowners and businesses.
  • Sponsor: Senator Michael D. Brady (Second Plymouth and Norfolk).
  • Status: Introduced and filed in early 2025; the docket indicates it is part of the 2025-2026 legislative session. The excerpt available shows a proposed amendment to reporting requirements for mortgages secured by residential property.
  • Purpose: To increase transparency in the Massachusetts land recording system and strengthen property rights by ensuring mortgage assignments are promptly recorded.

Key Provision (as included in the version content)

  • The bill adds a requirement to Section 6D of Chapter 183:
    • “Each assignment of mortgage secured by residential property, as defined in said section 1 of chapter 255E, shall be forwarded within thirty days of the date of the execution of said assignment to the appropriate registry district for recording.”
  • In plain language: once a mortgage assignment is executed, the lender or mortgagee must forward the assignment to the relevant Registry of Deeds (registry district) within 30 days for recording.

What the bill would change

  • Establishes a concrete 30-day deadline for forwarding mortgage assignments (secured by residential property) to the proper registry district for recording.
  • Aims to improve the timeliness and accuracy of the land record chain of title, enhancing transparency for homeowners, lenders, buyers, and title professionals.

Who would be affected

  • Mortgage lenders and servicers who handle assignments of mortgage on residential properties.
  • Registry districts/Registries of Deeds responsible for receiving and recording mortgage assignments.
  • Homeowners and prospective buyers who rely on up-to-date land records for title and lien clarity.
  • Title companies and searchers who perform title work and risk assessments based on recorded liens and assignments.

Procedural and timeline aspects

  • Effective date and enforcement: The provided text does not specify an effective date, penalties, or enforcement mechanisms. Those details (if added elsewhere in the bill) would determine how compliance is monitored and what remedies exist for noncompliance.
  • Historical context: Similar measures were filed in a prior session (Senate, No. 908 of 2023-2024), indicating ongoing interest in tightening mortgage assignment reporting.

Potential impacts and considerations

  • Transparency and risk reduction: More timely recording could reduce gaps in the public record, aid chain-of-title clarity, and help prevent disputes arising from unrecorded or late-recorded assignments.
  • Administrative burden: Lenders may need to ensure internal processes routinely forward assignments within 30 days, potentially increasing administrative workload.
  • Cost implications: Possible minor increases in operational costs for lenders and registries due to expedited processing, depending on existing workflows and penalties for late filings (not specified in the excerpt).

Next steps to watch

  • Review the full text for any defined effective dates, penalties, exemptions, or related provisions.
  • Monitor committee hearings (Judiciary) for discussion on implementation, funding, and potential amendments.
  • Track whether the bill advances, is amended, or stalls in the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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