Section 6. Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1976–2022 · leading case: In the Matter of Saab, 547 N.E.2d 919 (Mass. 1989).
In the Matter of Saab, 547 N.E.2d 919 (Mass. 1989). “Moreover, the respondent prepared and recorded *318 a deed for the property in which he recited nominal consideration, in violation of G. L. c. 183, § 6 (1988 ed.). 2 Gilchrist fell behind in her mortgage payments.”
Bressel v. Jolicoeur, 609 N.E.2d 94 (Mass. App. Ct. 1993). “The defendant contends that the amendment of G. L. c. 183, § 6, by St. 1969, c. 497, 3 which requires the recital of consideration for the conveyance to be stated in a deed, precludes the introduction of extrinsic evidence to contradict the consideration recited therein.”
Ward v. Ward, 874 N.E.2d 433 (Mass. App. Ct. 2007). “See also G. L. c. 183, § 6 (failure to comply with requirement of reciting in deed the amount of full consideration, or nature of other consideration, will not affect its validity).”
Bartevian v. Cullen, 343 N.E.2d 851 (Mass. 1976). “From prior to the time the plaintiff acquired the premises, a grantee’s residence and post office address had to appear on every deed presented for record.”
E. Bank v. Benton (In re Benton), 563 B.R. 113 (Bankr. D. Mass. 2017). “*123 Mass. Gen. Laws Ann. ch. 183, § 6 . See also Mass.”
Hahn v. Plan. Bd., 24 Mass. App. Ct. 553 (Mass. App. Ct. 1987). “” The plaintiffs sought to prove that the developer was not the owner because of a fraudulent violation of G. L. c. 183, § 6, as appearing in St. 1969, c.”
Agin v. South Point, Inc. (In Re Kurak), 409 B.R. 259 (Bankr. D. Mass. 2009). “” Mass. Gen. Laws ch. 183, § 6 . “Massachusetts is a ‘title theory1 state in which a mortgagee is considered to have legal title to the land, subject only to the mortgagor’s right to redemption on satisfaction of the conditions of the mortgage.”
Gerfman Global, LLC v. Kershaw, 33 Mass. L. Rptr. 341 (Mass. Super. Ct. 2016). “filed counterclaims against Gerfman seeking (i) a declaration that their reallocation and retroactive assessments are valid, as are their current allocation of expenses and consequent assessments; (ii) judgment against Gerfman for all current and past assessments as recalculated…”
South Point Inc. v. Agin Ex Rel. Bankr. Est. of Kurak, 433 B.R. 52 (D. Mass. 2010). “Under Massachusetts law, “[ejvery deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee_” Mass. Gen. Laws ch. 183 § 6. In Massachusetts, a “title theory” state, “a mortgagee holds legal title to the…”
Britton v. Marcus, Errico, Emmer & Brooks, P.C. (D. Mass. 2022). · cites it 2דUnder Mass. Gen. Laws ch. 183 § 6(b), a “unit owner shall be personally liable for all sums assessed for his share of the common expenses including late charges, fines, penalties, and interest assessed by the organization of unit owners and all costs of collection including…”
Trs. of Denholm Condo. Trust v. Doyle, 18 Mass. L. Rptr. 25 (Mass. Super. Ct. 2004). “This legislative history suggests that the language of §6(b) was added in order to protect the viability of condominiums, which leads to the conclusion that it would be contrary to G.L.c. 183, §6(b) to allow Mr. Doyle to avoid liability simply by buying the unit through a trust.”
Bd. of Trs. of the 87 St. Botolph Street Condo. Trust v. Cohen, 23 Mass. L. Rptr. 225 (Mass. Super. Ct. 2007). “The Court applies these criteria to the case at hand: Before the Cohens were served with the complaint, they had paid the entire outstanding amount that had been formally demanded of them pursuant to the enforcement provisions of G.L.c. 183, §6(c). At that time, no attorneys…”
Britton v. Marcus, Errico, Emmer & Brooks, P.C. (D. Mass. 2022). “Under Mass. Gen. Laws ch. 183 § 6(b), a “unit owner shall be personally liable for all sums assessed for his share of the common expenses including late charges, fines, penalties, and interest assessed by the organization of unit owners and all costs of collection including…”
Trs. of Denholm Condo. Trust v. Doyle, 18 Mass. L. Rptr. 25 (Mass. Super. Ct. 2004). “This legislative history suggests that the language of §6(b) was added in order to protect the viability of condominiums, which leads to the conclusion that it would be contrary to G.L.c. 183, §6(b) to allow Mr. Doyle to avoid liability simply by buying the unit through a trust.”
— Mass. Gen. Laws ch. 183, § 6(c) — 2 cases
Bd. of Trs. of the 87 St. Botolph Street Condo. Trust v. Cohen, 23 Mass. L. Rptr. 225 (Mass. Super. Ct. 2007). “The Court applies these criteria to the case at hand: Before the Cohens were served with the complaint, they had paid the entire outstanding amount that had been formally demanded of them pursuant to the enforcement provisions of G.L.c. 183, §6(c). At that time, no attorneys…”
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