Detailed Answer
To verify all individuals with an interest in real property in Massachusetts, you must identify every owner, lienholder, and encumbrance through a thorough title search and supporting documentation.
1. Identify Current and Former Owners
Obtain certified copies of all recorded deeds back to the root of title at the local Registry of Deeds (MA Registry of Deeds). Include full legal names, former names, marital status, and any known aliases. Confirm signatures and acknowledgments under Massachusetts General Laws c. 183, § 52 (MGL c.183§52).
2. Document Mortgages and Releases
Retrieve copies of all mortgages, liens, and releases recorded under MGL c. 184, § 11 (MGL c.184§11). Check for UCC financing statements filed with the Secretary of the Commonwealth if a corporate entity holds an interest.
3. Inspect Registered Land Records
If the property is registered in Land Court, review all certificates of title and judgments under MGL c. 185, § 6 (MGL c.185§6). Confirm any mortgages, easements, or restrictions noted on the certificate.
4. Review Encumbrances and Liens
Search for municipal liens, tax liens, sewer liens, and court judgments. Obtain official lien certificates from the appropriate municipal or state department. Verify release and satisfaction dates.
5. Verify Capacity and Authority
Collect government-issued photo ID and proof of residence for individuals. If an agent or trustee signs, obtain a valid power of attorney or trust certification. For corporate owners, secure a certified corporate resolution or incumbency certificate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Start with a comprehensive chain of title search at the Registry of Deeds.
- Use certified copies to ensure authenticity.
- Verify identities with photo ID and proof of residence.
- Consult Land Court records for registered land issues.
- Maintain a checklist of all required documents to track your progress.
- Consider title insurance to protect against undiscovered claims.