Mass. Gen. Laws » Part II Title I Chapter 185
Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 101 (2026)

Grounds for recovery from assurance fund; exhausting other remedies; continuance of action to await result of tort action

✓ current as of July 2026
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Section 101. A person who, without negligence on his part, sustains loss or damage by reason of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in a registration book, or a person who, without negligence on his part, is deprived of land or of any estate or interest therein, by the registration of another person as owner of such land or of any estate or interest therein, through fraud or in consequence of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in a registration book may institute an action in contract in the superior court for compensation from the assurance fund for such loss, damage or deprivation; but a person so deprived of land or of any estate or interest therein, having a right of action or other remedy for the recovery of such land, estate or interest, shall exhaust such remedy before resorting to the action of contract herein provided. This section shall not deprive the plaintiff of any action of tort which he may have against any person for such loss or damage or deprivation of land or of any estate or interest therein. If the plaintiff elects to pursue his remedy in tort, and also brings an action of contract under this chapter, the action of contract shall be continued to await the result of the action of tort.

Notes of Decisions
Cited in 4 cases, 1962–2002 · leading case: Kozdras v. Land/Vest Props., Inc., 413 N.E.2d 1105 (Mass. 1980).
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Kozdras v. Land/Vest Props., Inc., 413 N.E.2d 1105 (Mass. 1980). · cites it 2× “[2] I note in this regard that the possibility of losses arising through "error, omission, mistake or misdescription," G.L.c. 185, § 101, did not escape the Legislature's attention; the Assurance Fund established by G.”
Wild v. Constantini, 615 N.E.2d 557 (Mass. 1993). · cites it 2× “…[1] As the court recognizes, ante at 668 n. 5, the Legislature has provided a mechanism to reimburse injured persons. G.L.c. 185, § 101 (1990 ed.).”
Overly v. Treasurer & Receiver Gen., 181 N.E.2d 660 (Mass. 1962). · cites it 2× “Paragraph 3 states that the plaintiff is not entitled to recovery out of the assurance fund under G. L. c. 185, § 101. Smith’s executors demur on the ground that the plaintiff has failed to state a cause of action against Smith.”
Putignano v. Treasurer & Receiver Gen., 774 N.E.2d 1157 (Mass. App. Ct. 2002). “Having, as she points out, exhausted her remedies against the town and its servants, she claims rights under G. L. c. 185, § 101 (as amended by St. 1987, c.”
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