Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 60 (2026)

Form of memorandum; presentation of doubtful questions to court

✓ current as of July 2026
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Section 60. If the assistant recorder is in doubt upon any question, or if any party in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage or other voluntary instrument presented for registration, the question shall be referred to the court for decision, either on the certificate of the assistant recorder stating the question in doubt, or upon the suggestion in writing of any party in interest; and the court, after notice to all parties and a hearing, shall enter an order prescribing the form of memorandum to the assistant recorder, who shall make registration in accordance therewith.

Notes of Decisions
Cited in 5 cases, 1926–2015 · leading case: Assistant Recorder of the North Registry Dist. v. Spinelli, 651 N.E.2d 411 (Mass. App. Ct. 1995).
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Assistant Recorder of the North Registry Dist. v. Spinelli, 651 N.E.2d 411 (Mass. App. Ct. 1995). · cites it 2× “Spinelli makes the argument that, having failed to take advantage of the provisions of G. L. c. 185, § 60, the assistant recorder may not now seek to amend the certificate of title under G.”
Doyle v. Commonwealth, 830 N.E.2d 1074 (Mass. 2005). “562, § 53, codified at G. L. c. 185, § 60.]. . . [E]yen the ordinary business is to be done only ‘in accordance with the rules and instructions of the court.”
Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira), 518 B.R. 11 (Bankr. D. Mass. 2014). “Mass. Gen. Laws ch. 185, § 60 . . See Mass.”
Lassman v. HSBC Bank USA., N.A. (In re DeMore), 530 B.R. 519 (Bankr. D. Mass. 2015). “See Mass. Gen. Laws ch. 185, §§60 and 68. Thus, the Memorandum of Encumbrances prepared for the property in the instant cases did not involve the filing of a complaint, the.”
Fed. Nat'l Bank v. Gaston, 152 N.E. 923 (Mass. 1926). “G. L. c. 185, § 60, provides for a decision by the court if the assistant register is in doubt upon any question, or if any party in interest does not agree as to the proper memorandum to be made.”
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