Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 54B (2026)

Mortgage discharge, release, assignment, foreclosure, etc.; execution before officer entitled to acknowledge instruments; effect

✓ current as of July 2026

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Section 54B. Notwithstanding any law to the contrary, (1) a discharge of mortgage; (2) a release, partial release or assignment of mortgage; (3) an instrument of subordination, non-disturbance, recognition, or attornment by the holder of a mortgage; (4) any instrument for the purpose of foreclosing a mortgage and conveying the title resulting therefrom, including but not limited to notices, deeds, affidavits, certificates, votes, assignments of bids, confirmatory instruments and agreements of sale; or (5) a power of attorney given for that purpose or for the purpose of servicing a mortgage, and in either case, any instrument executed by the attorney-in-fact pursuant to such power, if executed before a notary public, justice of the peace or other officer entitled by law to acknowledge instruments, whether executed within or without the commonwealth, by a person purporting to hold the position of president, vice president, treasurer, clerk, secretary, cashier, loan representative, principal, investment, mortgage or other officer, agent, asset manager, or other similar office or position, including assistant to any such office or position, of the entity holding such mortgage, or otherwise purporting to be an authorized signatory for such entity, or acting under such power of attorney on behalf of such entity, acting in its own capacity or as a general partner or co-venturer of the entity holding such mortgage, shall be binding upon such entity and shall be entitled to be recorded, and no vote of the entity affirming such authority shall be required to permit recording.

Notes of Decisions

Cited in 59 cases (16 in the last 5 years), 2011–2026 · leading case: Wilson v. HSBC Mortg. Servs., Inc., 744 F.3d 1 (1st Cir. 2014).

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Wilson v. HSBC Mortg. Servs., Inc., 744 F.3d 1 (1st Cir. 2014). · cites it 6× “In Culhane we determined the applicable Massachusetts statute, Mass. Gen. Laws ch. 183, § 54B, “neither places restrictions on who may be elected as an officer of the assignor nor imposes special requirements (say, regular employment) on who may serve as a vice president of an…”

Wells Fargo Bank, N.A. v. Anderson, 49 N.E.3d 682 (Mass. App. Ct. 2016). · cites it 9× “He argues that the judge incorrectly interpreted G. L. c. 183, § 54B, by allowing the bank to rely on certain documents without the need to further substantiate their validity, and that the judge’s interpretation of G.”

Culhane v. Aurora Loan Servs., 826 F. Supp. 2d 352 (D. Mass. 2011). · cites it 3× “officer, agent, asset manager, or other similar office or position, including assistant to any such office or position, of the entity holding such mortgage, or otherwise purporting to be an authorized signatory for such entity, or acting under such power of attorney on behalf of…”

Giannasca v. Deutsche Bank Nat'l Trust Co., 130 N.E.3d 1256 (Mass. App. Ct. 2019). · cites it 3× “See G. L. c. 183, § 54B. See also Bank of N.Y.”

Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017). “Under Massachusetts law, as long as the assignor is the record holder of the mortgage at the time of the assignment, as MERS was here, an assignment that complies with the statute governing mortgage assignments, Mass. Gen. Laws ch. 183, § 54B, “cannot be shown to be void.”

Bank of New York Mellon Corp. v. Wain, 11 N.E.3d 633 (Mass. App. Ct. 2014). · cites it 2× “This satisfied the dictates of G. L. c. 183, § 54B, the statute that governs the assignment of mortgages.”

Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012). “See G. L. c. 183, § 54B. As noted at the outset of this opinion, the mortgage identifies MERS as mortgagee, but one that acts as the “nominee” of the lender.”

Rosa v. Mortg. Elec. Sys., Inc., 821 F. Supp. 2d 423 (D. Mass. 2011). · cites it 2× “Mass. Gen. L. ch. 183, § 54B (West 2010).”

Mills v. U.S. Bank, NA Ex Rel. Lehman XS Trust Mortg. Pass-Through Certificates, 753 F.3d 47 (1st Cir. 2014). · cites it 2× “Mass. Gen. Laws ch. 183, § 54B Mills also avers that the assignment of her mortgage from MERS to OneWest ran afoul of Mass.”

Oum v. Wells Fargo, N.A., 842 F. Supp. 2d 407 (D. Mass. 2012). · cites it 2× “"A mortgage assignment is valid as long as it complies with the requirements of Mass. Gen. Laws. ch. 183, § 54B.” Rosa, 821 F.”

Butler v. Deutsche Bank Trust Co. Americas, 748 F.3d 28 (1st Cir. 2014). “Mass. Gen. Laws ch. 183, § 54B. MERS’s assignments of the Butler mortgage fully abided by these statutory requirements: Stephan, in his capacity as a vice president of MERS, signed both assignments in the presence of a notary public.”

Nickless v. HSBC Bank USA, N.A., 485 B.R. 485 (D. Mass. 2012). · cites it 3× “25, 2011) (“If the requirements of Mass. Gen. Laws ch. 183 § 54B are met, the court may properly find the entire assignment valid.”

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