Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 5B (2026)

Affidavits relating to title; recording

✓ current as of July 2026

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Section 5B. Subject to section 15 of chapter 184, an affidavit made by a person claiming to have personal knowledge of the facts therein stated and containing a certificate by an attorney at law that the facts stated in the affidavit are relevant to the title to certain land and will be of benefit and assistance in clarifying the chain of title may be filed for record and shall be recorded in the registry of deeds where the land or any part thereof lies.

Notes of Decisions

Cited in 18 cases (8 in the last 5 years), 2000–2025 · leading case: Bank of Am., N.A. v. Casey, 52 N.E.3d 1030 (Mass. 2016).

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Bank of Am., N.A. v. Casey, 52 N.E.3d 1030 (Mass. 2016). · cites it 3× “2 The questions, which arise in connection with a bankruptcy proceeding, concern the power and effect of an affidavit of an attorney executed pursuant to G. L. c. 183, § 5B, in relation to a mortgage containing a defective certificate of acknowledgment.”

Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012). “It would appear that at least with respect to unregistered land, a foreclosing mortgage holder such as Green Tree may establish that it either held the note or acted on behalf of the note holder at the time of a foreclosure sale by filing an affidavit in the appropriate registry…”

Bank of Am., N.A. v. Casey (In Re Pereira), 791 F.3d 180 (1st Cir. 2015). · cites it 5× “After the mortgage was recorded, the notary on the mortgage, presumably at the behest of the bank, executed an affidavit under Mass. Gen. Laws ch. 183, § 5B, later recorded, attesting that the debtors had signed the mortgage personally and voluntarily.”

Pinti v. Emigrant Mortg. Co., Inc., 33 N.E.3d 1213 (Mass. 2015). “See G. L. c. 183, § 5B. 26 3. Mortgage and note.”

Guru Jiwan Singh Khalsa v. Sovereign Bank, N.A., 44 N.E.3d 863 (Mass. App. Ct. 2016). “28 (suggesting that, prospectively, foreclosing mortgagees could clarify the chain of title for subsequent purchasers by filing an affidavit pursuant to G. L. c. 183, § 5B, in the registry of deeds stating that the mortgagee “either held the note or acted on behalf of the note…”

Rice v. Wells Fargo Bank, N.A., 2 F. Supp. 3d 25 (D. Mass. 2014). “50 Plaintiffs rely heavily on footnote 28 of the opinion, which states in relevant part that “a foreclosing mortgage holder [] may establish that it either held the note or acted on behalf of the note holder at the time of a foreclosure sale by filing an affidavit in the…”

NationsBanc Mortg. Corp. v. Eisenhauer, 733 N.E.2d 557 (Mass. App. Ct. 2000). “On January 31, 1992, RTC recorded an affidavit pursuant to G. L. c. 183, § 5B, stating that the mortgage had been discharged in error and that an outstanding principal balance of $96,142.”

Southbridge RE, LLC v. Kiavi Funding, Inc., 109 F.4th 86 (1st Cir. 2024). “On June 1, 2021, representatives of LendingHome, Toorak, and Christiana Trust executed two affidavits (one for each property) in accordance with Mass. Gen. Laws ch. 183, § 5B (the "5B affidavits") explaining that the original assignments to Toorak were invalid and that the…”

Southbridge RE, LLC v. Kiavi Funding, Inc. (D. Mass. 2023). · cites it 3× “On June 1, 2021, representatives of LendingHome, Toorak, and Christiana Trust executed an affidavit under Mass. Gen. Laws ch. 183, § 5B (5B Affidavit) explaining the reasons why the mortgage assignment in which Toorak appeared as the assignee was invalid and stating that the…”

Deutsche Bank Nat'l Trust Co. v. Grandberry (D. Mass. 2019). · cites it 2× “The Affidavit does not state facts relevant to the holder of title to certain land or that clarify the chain of title as required by M.G.L. c. 183, § 5B. See Bank of Am., N.A.”

Sampson v. U.S. Bank Nat'l Ass'n (D. Mass. 2023). · cites it 2× “Bank must proffer affidavits made pursuant to M.G.L. c. 183, § 5B, citing Eaton v. Fed.”

Khalsa v. Sovereign Bank, N.A. (Mass. App. Ct. 2016). “28 (suggesting that, prospectively, foreclosing mortgagees could clarify the chain of title for subsequent purchasers by filing an affidavit pursuant to G. L. c. 183, § 5B, in the registry of deeds stating that the mortgagee "either held the note or acted on behalf of the note…”

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