Bill
H 3229
The bill adds flat surcharges of 80 and 40 on recording and lien certificates, directing all revenues to the Massachusetts Community Preservation Trust Fund.
Status
- Introduced (prefiled 12/05/2024); read first time 01/14/2025. Referred to Committee on Labor, Commerce and Industry 01/14/2025 and to the committee on Revenue 02/27/2025. Senate concurred 02/27/2025. Hearings have been scheduled and canceled (most recently a hearing set for 11/07/2025).
- Bill sponsor: Rep. John H. Rogers (12th Norfolk).
Purpose / intent
- To increase the recording fee surcharges collected by registers of deeds and assistant recorders and direct those surcharge revenues to the Massachusetts Community Preservation Trust Fund for community preservation purposes.
Key provisions
- Replaces Section 8 of Chapter 44B with new language setting flat surcharges on recording and registration fees:
- $80 surcharge on fees when a document or instrument is recorded (registers of deeds).
- $40 surcharge on fees for recording a municipal lien certificate.
- For filings that include multiple references to documents that assign, discharge, release, partially release, subordinate, or notice other instruments, each reference must be separately indexed and is separately assessed an additional $80 (or $40 for lien certificates).
- Parallel provisions apply to assistant recorders for registered land: $80 surcharge for instruments left for registering/filing/entering; $40 for municipal lien certificates.
- Exemptions: no surcharge for
- declarations of homestead (chapter 188),
- subordinate mortgages extended by public or quasi‑public agencies (including municipalities and the Massachusetts Housing Partnership),
- certain recording-related fees (additional pages, photocopies, indexing exceptions, etc., as specified).
- All surcharges collected under this section are to be forwarded to the Massachusetts Community Preservation Trust Fund (established in section 9).
- Effective timing: Commissioner of Revenue must notify registers of deeds, assistant recorders, and the Joint Committee on Revenue that the new surcharge amounts take effect 120 days after passage. Documents received prior to the effective date remain subject to the prior surcharge amounts.
Who would be affected
- Parties involved in real‑estate recording and registration transactions: property buyers and sellers, title companies, lenders, municipalities, and other parties that record documents with registers of deeds or assistant recorders.
- Municipal lien filers (e.g., for tax or sewer liens) would see an increased per‑certificate surcharge.
- Public/quasi‑public lenders and homestead filings are explicitly exempted.
Potential impacts
- Immediate increase in per‑document recording costs (specified $80 and $40 surcharges) that will raise the marginal cost of recording certain real‑estate instruments and lien certificates.
- Increased dedicated funding for community preservation activities (open space, historic preservation, affordable housing, etc.) via the Community Preservation Trust Fund; actual revenue yield depends on recording volume and prior surcharge levels.
- Administrative changes for registers of deeds/assistant recorders implementing indexing and separate assessment for multiple references; Commissioner of Revenue to provide an implementation date 120 days after enactment.
Note on included text
- The provided bill text file also contains unrelated draft language from another state (South Carolina) proposing a prohibition on landlords requiring tenant credit scores. That South Carolina provision is not part of H.3229 (Massachusetts) and appears to be included in error.
Compiled from official sources — confirm details with the bill’s official record.
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