Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 67 (2026)

Authority to mortgage

✓ current as of July 2026

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Section 67. The owner of registered land may mortgage it by executing a mortgage deed. Such deed may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of deed or instrument sufficient in law for the purpose. But such mortgage deed, and all instruments which assign, extend, discharge and otherwise deal with the mortgage, shall be registered, and shall take effect upon the title only from the time of registration.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2012–2021 · leading case: Mercado v. Banco Popular De Puerto Rico, 599 B.R. 406 (1st Cir. BAP 2019).

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Mercado v. Banco Popular De Puerto Rico, 599 B.R. 406 (1st Cir. BAP 2019). · cites it 2× “(a) The Trustee Relies on the Wrong Massachusetts Statute According to the Trustee, the relevant Massachusetts mortgage law is Mass. Gen. Laws ch. 185, § 67 , which provides: The owner of registered land may mortgage it by executing a mortgage deed.”

Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira), 518 B.R. 11 (Bankr. D. Mass. 2014). · cites it 3× “Also, it states that pursuant to Mass. Gen. Laws ch. 185, § 67 , a mortgage takes effect upon registration.”

Lassman v. HSBC Bank USA., N.A. (In re DeMore), 530 B.R. 519 (Bankr. D. Mass. 2015). · cites it 2× “Citing Mass. Gen. Laws ch. 185, § 67 , and Malaguti v.”

Belcher v. Bank of New York Mellon (D. Mass. 2021). · cites it 3× “Namely, Plaintiffs request that “the foreclosure proceedings initiated and intended by Defendants .”

Caulfield v. Martin, 104 N.E.3d 684 (Mass. App. Ct. 2018). · cites it 2× “93A theory was that Chase was not entitled to foreclose because, in asserted violation of G. L. c. 185, § 67, it had not registered 8 any instrument showing that the mortgage had been assigned to it.”

Commonwealth v. Bank of Am., N.A., 31 Mass. L. Rptr. 73 (Mass. Super. Ct. 2012). · cites it 3× “Finally, count VI, labeled “Declaratory Judgment: Failure to Register Transfer of Beneficial Interests in Mortgages in Violation of G.L.c. 185, §67,” alleges that all defendants “transferred the beneficial interests in mortgages of registered land .”

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