Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 62 (2026)

Fraudulent registration

✓ current as of July 2026

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Section 62. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title. After the transcription of the judgement of registration on the original complaint, any subsequent registration procured by the presentation of a forged deed or other instrument or by the presentation of a deed or other instrument executed on behalf of a corporation by persons falsely purporting to be the president, vice president, treasurer or assistant treasurer of the corporation shall be null and void.

Notes of Decisions

Cited in 4 cases, 1926–2014 · leading case: Sullivan v. Kondaur Capital Corp., 7 N.E.3d 1113 (Mass. App. Ct. 2014).

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Sullivan v. Kondaur Capital Corp., 7 N.E.3d 1113 (Mass. App. Ct. 2014). “Similarly, G. L. c. 185, § 62, provides that, following the original judgment of registration, “any subsequent registration procured by the presentation of a forged deed or other instrument shall be null and void.”

Malaguti v. Rosen, 160 N.E. 532 (Mass. 1928). “The essential provision that the owner’s duplicate certificate of title should be presented when mortgages on his land are presented for registration, was complied with, G. L. c. 185, § 62, and the mortgages were noted thereon.”

Fed. Nat'l Bank v. Gaston, 152 N.E. 923 (Mass. 1926). “It is manifest that a refusal to register an instrument based upon a failure to present with it the owner’s duplicate certificate under G. L. c. 185, § 62, must be a matter for action by the Land Court.”

Whittenberger v. Com. Credit Corp., 639 N.E.2d 737 (Mass. App. Ct. 1994). · cites it 3× “Whittenberger’s motion for summary judgment, holding, in effect, that the mortgage held by Commercial Credit was null and void under G. L. c. 185, § 62. This is an appeal from the ensuing judgment.”

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