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2004 Vol.1, No Summer 2004 Vol.1, No. 3 The Newsletter of the Real Estate Bar Association for Massachusetts Defeat of effort to allow non-lawyers to handle closings highlight of busy legislative year By Edward J. Smith tice,” but not a legal requirement, for lawyers and their provements borrowed from other states and from the employees who are notaries public. current draft of a proposed uniform act by the Nation- A year ago at this time I was al Commissioners on Uniform State Laws. pleased to report on a success- Mortgage Discharges, Assignments The text of the legislation, S.2386, and a Fact Sheet ful legislative hearing at the REBA recognizes that the matter of unrecorded mort- appear on REBA’s website at www.massrelaw.org. State House on H180, which gage discharges and assignments is perhaps the most vex- The legislation is before the Joint Committee on would have permitted the per- ing problem for conveyancers handling residential mort- Banks and Banking. formance of real estate closings gage closings. (That is in part why we were able to persuade by business corporations, the Legislature to grant a four-month reprieve from the high- Other Bills Supported by REBA notwithstanding the holding in er recording fees for mortgage discharges in 2003.) REBA is pleased to report that H.743, to enact a good the case of Massachusetts Con- REBA President Chris Kehoe requested the legislation and clear record and marketable title act (Landowners veyancers Association v. Colo- committee to meet with representatives of lenders and Title Protection Act) has been recommended by the nial Title & Escrow, decided by title insurers, to draft legislation that would address a Joint Committee on the Judiciary. Also recommend- the Superior Court in 2001. number of problems with discharge practice. There ap- ed by the Judiciary Committee are S.983, to facilitate Testimony by the MCA’s trial counsel in that case, registration at the Land Court of instruments executed Douglas Salveson, persuaded the Joint Committee on on behalf of a corporation, and H.744, to require a the Judiciary not to recommend such legislation. recital of the names and addresses of owners of land This past winter, the Office of Chief Legal Counsel to taken by eminent domain to be included in the instru- Governor Romney proposed new regulations to govern Complete legislative ment of taking. the duties and responsibilities of notaries public in the S.6, a REBA bill to make the execution requirements Commonwealth. Included was the following provision summary from for subordination of a mortgage conform with those for (as ultimately promulgated in Executive Order No. 455): mortgage discharges and assignments, was recom- “A notary public who is not an attorney licensed to prac- mended by the Joint Committee on Banks and Bank- tice law in Massachusetts, or who is not directly super- past year ing. Another REBA-supported bill recommended by the vised by an attorney, shall not conduct a real estate clos- Banks and Banking Committee is H. 2731,which re- ing and shall not act as a real estate closing agent.” quires written payoff statement to be provided by a mort- While REBA was gratified to see this endorsement Page 18 gagee or servicer within five days of a request by the by the Executive Branch of the Superior Court holding, mortgagor or his designee. At the time of this writing, H. certain other provisions that were proposed in the Draft 2731 is before the House Committee on Bills in Third Executive Order were not received as well by REBA. pears to be a consensus for an approach by which the Reading, while S.983 and S.6 are before the Senate Led by REBA President Chris Kehoe and legislation mortgage servicer and record holder of a mortgage would Committee on Bills in Third Reading. chair Bob Kelley, REBA lobbied successfully to modi- be given notice, at the time of the payoff, that the lawyer fy objectionable language, including the requirement paying off the mortgage will discharge it by affidavit if a State Tax and Child Support Liens that every notary public maintain a bound Journal of discharge is not received within a specified period of time. The Romney Administration filed H.4485, DOR leg- official acts. The Governor’s Office of Chief Legal Coun- The idea is that by giving the parties in interest ad- islation that would have extended the current six-year sel agreed to make the Journal provision “a best prac- vance notice, a closing attorney ought to be able to liens for state taxes or for child support to be of in- make this a normal part of the release of mortgage liens definite duration, and created a central registry at the Edward J. Smith serves as Legislative Counsel to after a closing. Omnibus legislation has been filed to state Department of Revenue for said liens in lieu of REBA. include this provision, as well as several other im- Continued on page 18 REBA taps SJC ruling Title insurance What’s in Graham as highlights limits of industry faces this issue… new COO right of first refusal major challenges Pg 2 Pg 4 Pg 12 A Supplement to Massachusetts Lawyers Weekly 2 • REBA News Summer 2004 REBA rolls out three Susan Graham tapped new committees as chief operating officer At the Real Estate Bar Association’s and Lawrence P. Heffernan, a partner at Susan A. Graham of Amesbury re- Spring Seminar on May 10 in Framing- Robinson & Cole LLP, a regional firm cently joined the Real Estate Bar Asso- ham, REBA President Chris Kehoe an- with offices in Boston, New York, New ciation as Chief Operating Officer where nounced the rollout of three new REBA London, Hartford, Greenwich, Stamford she will be in charge of office and staff Committees to serve the Association’s and Sarasota, Florida. management, implementation of mem- growing membership. This committee, comprised of civil lit- ber services as well as all programs and An Affordable Housing Committee, a igators sharing a common interest in tri- event planning. Litigation Committee and a Commer- al advocacy, will participate in REBA’s Graham, who recently celebrated the cial Real Estate Finance Committee will educational offerings, focusing on liti- birth of her first grandchild, served in a be formally launched in September. gation in all trial and appellate courts, wide variety of capacities at The Prov- “These three new committees demon- both state and federal. ident Bank, an Amesbury-based com- strate our expanded scope and broader The group will also become a forum munity bank. Her service at the bank mission as REBA reaches out to real estate for discussion and exchange of ideas included head of retail banking, com- lawyers and other real estate professionals leading to the improvement of individ- pliance officer, director of human re- in fields and concentrations beyond tradi- ual trial skills as well as an advocate for sources and executive secretary to the tional title-related practice,” Kehoe said. expanding the jurisdiction and stream- Bank’s CEO and Board of Directors. The Affordable Housing Committee lining the operation of the Land Court. At REBA she will also serve as COO will be co-chaired by Kurt James and Beth H. Mitchell, a partner in Boston- of the Association’s affiliates, REBA Robert Ruzzo. Kurt James leads the af- based Nutter, McClennen & Fish, LLP Dispute Resolution, Inc. and the REBA fordable housing and community de- will chair the Association’s new Com- Educational Foundation, Inc. velopment law practice group at Sherin mercial Real Estate Finance Commit- She can be reached at REBA’s 50 and Lodgen LLP in Boston. tee. The goal of this group is to become Congress Street headquarters in Boston Bob Ruzzo, a lawyer and long-time the pre-eminent resource for REBA at [email protected]. Susan A. Graham Association member, serves as Deputy members and others on emerging trends Director of MassHousing, formerly and industry intelligence in all aspects known as the Massachusetts Housing of commercial real estate lending. Finance Agency (MHFA), an independ- The Committee will address issues of ent agency dedicated to creating and concern to both commercial borrowers preserving affordable housing opportu- and commercial lenders. It will provide nities across Massachusetts. input to REBA on legislative initiatives The goals of the Committee are to ac- that bear on the commercial lending WE’RE PROUD quaint and educate REBA members and practice. others on emerging initiatives on devel- The Committee will also support REBA’s oping and financing housing. The group growing educational programs in the com- TO FINISH will also participate on behalf of the As- mercial real estate finance practice area. sociation in the Beacon Hill dialogue on The Real Estate Bar Association for all housing-related legislation, particular- Massachusetts, formerly known as the ly G.L. c.40B reform. The Committee will Massachusetts Conveyancers Associa- WHAT YOU START. serve as a legal resource in the housing tion, is New England’s fastest-growing and development field for lawyers across bar association. REBA’s lawyers and Massachusetts. Both James and Ruzzo other real estate professionals share a formerly co-chaired the Affordable Hous- 150-year tradition of professionalism hether you’re the buyer, seller conclusion. Our respect for your ing Committee of the Real Estate Section and excellence in advancing the prac- or real estate attorney, putting hard work guides our every move. of the Boston Bar Association. tice of real estate law. REBA is also the together a deal is hard work. For the That means focusing on The Litigation Committee will be co- Massachusetts leader in combating the finishing touch, you want a title solutions, not problems.
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