Massachusetts Land Court Jurisdiction

Summary

The Massachusetts Land Court is the primary authority for the initial registration of property titles and related disputes. It handles registered land issues, meaning it has exclusive jurisdiction over these matters. If you have concerns about property title registration or disputes, the Land Court is the appropriate venue to address these issues.

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What does it mean:The Land Court has exclusive, original jurisdiction over the registration of title to real property and over all matters and disputes concerning such title subsequent to registration.
The Massachusetts Land Court has the authority to handle the initial registration of property titles, also known as "registered land." This means that if you need to register a title or resolve any disputes related to such titles, the Land Court is your go-to jurisdiction.
Do you have any specific concerns or issues with property title registration that you need help with?
What can the court do if in the civil case the it discovers evidence of criminal document fraud
If a court in Massachusetts, such as the Land Court, discovers evidence of criminal document fraud during a civil case, it can take several actions:
- Refer the matter to law enforcement or the district attorney for criminal investigation.
- Impose sanctions on the party committing the fraud.
- Dismiss or alter the outcome of the civil case based on the fraudulent activity.
Do you have specific concerns or need help with a particular case?
is the court required to take and and all of theses actions sua sponte
In Massachusetts, courts are not always required to take actions sua sponte (on their own initiative) in every instance of criminal document fraud in civil cases. They have the discretion to act based on the specific circumstances and evidence presented.
Do you have a specific scenario or case in mind where this might apply?
in the mortgage assignment case in the land court the plaintiff asserted that it is the holder of a promissory note and presented a copy of alleged promissory note. After the court granted the mortgage assignment the plaintiff sent me via mail a different version of a promissory note. A swe know there can be only one version of a promissory note. So it is not known which copy of the two notes was made from the original , if any. If I present two versions of the note in the wrongful foreclosure action what remedy should I be asking for.
In your wrongful foreclosure action, you should ask for:
- Injunction to stop the foreclosure process.
- Declaratory Judgment to determine the validity of the promissory notes.
- Damages for any financial harm caused by the wrongful foreclosure.
- Attorney's Fees and costs associated with the legal action.
Have you consulted with an attorney regarding this matter?
under 93a damages for wrongful foreclosure could be 3x value of the property. If the foreclosure auction is imminent but has not happened yet can I already demand 3x damanges
No, you cannot demand 3x damages under Chapter 93A before the foreclosure auction has happened. You need to first establish that the foreclosure was wrongful and that you have been harmed. After the foreclosure, you can then seek damages, including potential treble damages under Chapter 93A.
Do you have an attorney to help you with this case?
If the evidence of fraudulent mortgage documentation is presented in court filings can I motion the court to refer the matter to law enforcement or the district attorney for criminal investigation and/or impose sanctions on the party committing the fraud.
Yes, you can file a motion in the Massachusetts Land Court to request the court to refer the matter to law enforcement or the district attorney for criminal investigation and/or impose sanctions on the party committing the fraud.
Have you already collected all the necessary evidence to support your motion?
If I file a wrongful foreclosure complaint to stop foreclosure now can i presume I can amend the complaint later with a 93a count. Do I need to send a demand letter to the defendant asking for 3x damages? If so when?
Yes, you can file a wrongful foreclosure complaint now and amend it later to include a Chapter 93A count. You must send a 93A demand letter to the defendant before including the count, and you should do this at least 30 days before filing the amended complaint.
Do you need guidance on drafting the 93A demand letter?
are there any exceptions to the 30 day demand rule in massachusetts
There are a few exceptions to the *-day demand rule under Massachusetts General Laws Chapter 93A:
- If the claim is brought as a counterclaim.
- If the claim involves a public entity.
- If the claim involves an ongoing illegal act that could cause irreparable harm.
Do you think any of these exceptions might apply to your situation?
what if the defendant is a foreign corporation in massachusetts
If the defendant is a foreign corporation in Massachusetts, they are still subject to Massachusetts laws, including Chapter 93A. Foreign corporations must register with the state to conduct business, which subjects them to local legal requirements.
Are you considering whether the foreign corporation's status impacts your ability to file a complaint or send a demand letter?
The foreclosure is being initiated by the alleged servicer who has is registered as foreign corp in MA, without a place of business in MA. The alleged foreclosing entity is a trustee of a REMIC trust. Neither one of those two are registered in MA or have a place of business in MA. what impact does that have on filing the complaint or sending a demand letter.?
If the entities involved in the foreclosure are not properly registered in Massachusetts, it can impact their legal standing and ability to enforce foreclosure actions. You can raise this as a defense in your complaint, potentially arguing that they lack the legal authority to initiate foreclosure.
Have you gathered evidence to show their lack of registration and business presence in Massachusetts?
the servicer is registered but lacks business presence. does that change anything?
If the servicer is registered but lacks a business presence in Massachusetts, it may still affect their ability to enforce the foreclosure. You can argue that their lack of physical presence impacts their legal standing. Be sure to gather all relevant evidence.
Do you need help drafting your complaint or any specific defenses?
It that also an exception to the 30 day demand letter?
No, the lack of a business presence in Massachusetts for a registered foreign corporation does not create an exception to the *-day demand letter requirement under Chapter 93A. You still need to send a demand letter 30 days before filing the amended complaint.
Do you need assistance with drafting the 93A demand letter?
does the pooling and servicing agreement for the REMIC trust need to be recorded in the registry of deeds?
No, the Pooling and Servicing Agreement (PSA) for a REMIC trust does not need to be recorded in the Registry of Deeds in Massachusetts. The PSA governs the operation of the trust and its assets, but it is not considered a document that affects the property title directly.
Do you need clarification on any other documents related to foreclosure?
what about trustee certificae under * s35
Under Massachusetts General Laws Chapter *, Section *, a trustee certificate must be recorded in the registry of deeds to show the trustee's authority to act on behalf of the trust.
- The certificate should include:
- The name of the trust
- The name and address of the trustee
- A statement of the trustee's authority
Do you need assistance with any specific part of this process?
must mortgage and promissory note travel together through the chain of title
In Massachusetts, the "mortgage follows the note" principle generally applies. This means:
- The transfer of the promissory note typically includes the transfer of the mortgage.
- The holder of the promissory note has the right to enforce the mortgage.
Do you need information on how to verify the chain of title for your mortgage and note?
what does Barnes v. Boardman, * Mass. * say about note and mortgage travelling together
Barnes v. Boardman, * Mass. * (*) established that the transfer of a promissory note secured by a mortgage includes the transfer of the mortgage as an incident to the note. This case supports the principle that the note and mortgage travel together.
Do you have any further questions or need help with a specific aspect of your case?
what does * F. Hilliard, Mortgages * (2d ed. *) say about the same?
* F. Hilliard, Mortgages * (2d ed. *) generally discusses the principle that the transfer of a promissory note carries with it the transfer of the mortgage as an incident to the note. This aligns with the established legal principles that the mortgage follows the note.
Do you need assistance with any other legal references or specific aspects of your case?
what if it can be proven that while the note may have been sold to some entity the mortgage remained with the the entity selling the note
If it can be proven that the note and mortgage were separated, it may affect the enforceability of the mortgage. This could potentially invalidate the foreclosure process. Here are some points:
- The holder of the note may lack the authority to enforce the mortgage.
- You can challenge the foreclosure based on the separation.
Do you need assistance in drafting a challenge to the foreclosure based on this separation?
Are regulations such as Internal Revenue Code § 860D (a)(*), F (a) and G (d)(*) at * U.S.C. § * D and F mentioned in Pooling and Servicing agreements of remic trusts
Pooling and Servicing Agreements (PSAs) for REMIC trusts typically must comply with the Internal Revenue Code (IRC) § 860D and related sections to maintain their tax status.
- IRC § 860D(a)(*) outlines requirements for REMIC status.
- IRC § 860F(a) and § 860G(d)(*) address income and asset regulations.
Would you like more detailed information on how these regulations might impact your case?
can the court "assign" the mortgage to the trust after the closing date of the REMIC trust?
In general, a court cannot assign a mortgage to a trust after the closing date of the REMIC trust. Doing so could violate the terms of the Pooling and Servicing Agreement and the REMIC regulations under the Internal Revenue Code, potentially jeopardizing the trust's tax status.
Do you need assistance with any specific aspect of challenging this assignment?
can i challenge such alleged "assignment" not being the party to the PSA?
You can challenge the alleged assignment even if you're not a party to the Pooling and Servicing Agreement (PSA). Here are some points to consider:
- As a homeowner, you have standing to challenge the validity of the assignment if it affects your mortgage.
- You can argue that the assignment violates the terms of the PSA or relevant laws and regulations.
Do you need assistance with drafting a legal challenge or more information on specific grounds for challenging the assignment?
what if I was convinced by my attorney at the time that the trust is "entitled" to a missing mortgage assignment because of the alleged ownership and possession of the note (now I know that was not true) and I "agreed" to such assignment, which the court "enforced". Does that impact my right to challenge the assignment now under PSA and IRS regulsations?
You may still have the right to challenge the assignment despite your previous agreement. Here's what to consider:
- Misrepresentation by your attorney could be grounds for challenging the assignment.
- You can argue that the assignment violates the PSA and IRS regulations.
- Court-enforced assignments can be contested if based on incorrect information.
Do you need help drafting a challenge or identifying specific legal grounds for your case?
the "assignment" action was in the land court. Can I ask to invalidate that assignment in the superior court as part of foreclosure injunction
Yes, you can ask the Superior Court to invalidate the assignment as part of a foreclosure injunction.
- The Land Court handles property title registrations and disputes.
- Superior Court can address broader issues, including foreclosure injunctions.
Do you need help drafting the motion to invalidate the assignment in Superior Court?
could the land court obtain records from the land court
Yes, the Land Court in Massachusetts can obtain records from itself for use in legal proceedings. If you need specific records related to your case, you can request them directly from the Land Court.
Do you need guidance on how to request these records?
yes
You can request records from the Land Court by filing a formal request. Here's what you should do:
- Visit the Land Court's website or office.
- Fill out a records request form.
- Provide specific details about the documents you need.
Do you need help with the specific details to include in your request?
can I ask the land court for all documents filed in the docket
Yes, you can ask the Land Court for all documents filed in the docket. You should:
- Submit a formal records request.
- Specify the case number and any specific documents needed.
Would you like guidance on filling out the request form or more information on the process?
what tax consequences could there be for the trust if I can prove that they violated IRS REMIC trust rules?
- Loss of REMIC status, resulting in the trust being taxed as a corporation.
- Significant penalties and back taxes.
- Potential disqualification of tax-exempt status for investors.
Would you like more information on the specific IRS rules that might apply?
if the REMIC trust was established in * and valuated at approximately $*,*,* what could be the amount of back taxes and penalties
The potential amount of back taxes and penalties for a REMIC trust that violated IRS rules can be substantial. However, calculating an exact amount is complex and depends on various factors, such as the specific violations and duration. You should consult a tax attorney or accountant for a precise estimate.
Do you need help finding a tax attorney or more information on IRS regulations?
are REMICS tax free
REMICs (Real Estate Mortgage Investment Conduits) have specific tax advantages. Generally, they are not subject to federal income tax at the entity level. Instead, the income generated is passed through to the investors, who may be subject to tax on their share of the income.
Do you need more information on how REMICs work or their tax implications for investors?
what is typical corporate tax percentage
The typical corporate tax rate in Massachusetts is *.*%.
Would you like more information on how this might impact your situation or specific details about corporate taxes in Massachusetts?
how about new york typical corporate tax
In New York, the typical corporate tax rate is *.*%.
Do you need help with any other tax-related questions or specific details regarding corporate taxes?
what is statute of frauds in the civil litigation context
The Statute of Frauds in Massachusetts requires certain types of contracts to be in writing to be enforceable. These include:
- Contracts for the sale of goods over $*.
- Contracts that cannot be performed within one year.
- Real estate transactions.
- Promises to pay another's debt.
Do you need more details on any specific aspect of the Statute of Frauds?
does existence of two different promissory notes fall under the statute of frauds count
The existence of two different promissory notes does not directly fall under the Statute of Frauds. However, it can be relevant in a civil litigation context regarding the enforceability and validity of the underlying obligations.
Do you need assistance with how to present this issue in your case?
yes
To present the issue of two different promissory notes in your case, you should:
- Highlight the inconsistency between the notes.
- Argue that this discrepancy raises questions about the authenticity and enforceability of the notes.
- Request the court to determine which, if any, of the notes is valid.
Do you need help drafting a specific motion or argument based on this discrepancy?
how to present the issue of existence of two different versions of the mortgage, one recorded in the registry of deeds and different one in servicers servicing file
To present the issue of two different versions of the mortgage, you should:
- Highlight the discrepancy between the recorded mortgage and the one in the servicer's file.
- Argue that the inconsistency raises questions about the validity and enforceability of the mortgage.
- Request the court to determine the authenticity of the mortgages and which one is valid.
Would you like assistance with drafting a motion to present this issue to the court?
what are counts in the complaint
Counts in a complaint refer to the different legal claims or causes of action that a plaintiff asserts against a defendant. Each count represents a separate and distinct legal theory upon which the plaintiff seeks relief. For example, in your case, potential counts in your complaint could include:
- Fraud
- Breach of Contract
- Wrongful Foreclosure
- Violation of Massachusetts General Laws Chapter 93A (Consumer Protection Act)
Do you need assistance with drafting any specific counts for your complaint?