Section 58. Every conveyance, lien, attachment, order, decree, instrument or entry affecting registered land, which would under other provisions of law, if recorded, filed or entered in the registry of deeds, affect the land to which it relates, shall, if registered, filed or entered in the office of the assistant recorder of the district where the land to which such instrument relates lies, be notice to all persons from the time of such registering, filing or entering.
Notes of Decisions
Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira), 518 B.R. 11 (Bankr. D. Mass. 2014).
· cites it 9× “The Debtor relies on Mass. Gen. Laws ch. 185, § 58 for the proposition that the provisions of law relative to recorded land also apply to registered land.”
Lassman v. HSBC Bank USA., N.A. (In re DeMore), 530 B.R. 519 (Bankr. D. Mass. 2015).
· cites it 3× “” In addition, citing Mass. Gen. Laws ch. 185, § 58 , he maintains that “if a mortgage would not otherwise provide notice if recorded in the registry of deeds, it will not provide notice if registered.”
HSBC Bank USA, N.A. v. Lassman (In Re Demore), 844 F.3d 292 (1st Cir. 2016).
“” Mass Gen. Laws ch. 185, § 58. 5 . The Land Court Guidelines appear to contemplate that the requirement of section 29 does apply to registered land, because they state that deeds, among other documents "must be acknowledged in order to be recorded,” Land Court Guidelines at 1…”
US Bank, NA v. Desmond, 15 F.4th 106 (1st Cir. 2021).
· cites it 2× “" 5 Mass. Gen. Laws ch. 185, § 58 , states: Every conveyance, lien, attachment, order, decree, instrument or entry affecting registered land, which would under other provisions of law, if recorded, filed or entered in the registry of deeds, affect the land to which it relates,…”
Killam v. March, 55 N.E.2d 945 (Mass. 1944).
“G. L. c. 185, §§ 58, 114.” But in neither the Tyler nor the Malaguti case was the question now under consideration before the court, and therefore we do not consider them as binding authorities in this respect.”
Malaguti v. Rosen, 160 N.E. 532 (Mass. 1928).
“G. L. c. 185, §§ 58,114. The case has been considered on its merits, and because of the conclusion reached we have not undertaken to decide whether a court of equity has power to act in the premises.”
Prunier v. Schulman, 158 N.E. 785 (Mass. 1927).
“G. L. c. 185, §§ 58, 77, 78. But even if notice was filed, it is also required by G.”
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