Massachusetts Agencies

Recording of Affidavit


Under prior law it seems that the failure to observe the time limits that had been imposed by G.L.c. 244, §15 regarding the recording of the foreclosure affidavit results in the title not being good of record, but it would be, nonetheless, a good title, which could be proved by judicial action. SeeO'Meara v. Gleason, 246 Mass. 136, 140 N.E. 426 (1923). This result, however, itself appears to have been modified somewhat by Massachusetts Rules of Civil Procedure, Rule 6, which, in the event that the last day for recording the affidavit (pursuant a court approval) fell on a Sunday, Saturday or legal holiday, the period would be extended to the next secular day.

The rule is inapplicable now — even as to prior foreclosures — as there are no requirements as to when the affidavit must be recorded, and the provisions of the statute are retroactive.