Massachusetts General Laws

Mass. Gen. Laws ch. 236, § 4 (2026)

Deposit of notice of land taken on execution or mesne process; Nantucket county

✓ current as of July 2026

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Section 4. If land, which was not attached on mesne process in the action in which the execution issued, is taken on execution, the officer shall forthwith deposit in the registry of deeds for the county or district where the land lies a copy of the execution with a memorandum thereon that the execution is in his hands for the purpose of taking the land of the defendant, and no such taking shall be valid against a purchaser in good faith, for value and without notice, before such copy is deposited. If land was attached on mesne process, a copy of the execution with a memorandum as aforesaid shall be deposited by the officer in the registry of deeds for the county or district where the land lies, within forty days after the date which appears on the execution issued upon the judgment in the action, and the attachment shall become void forty days after said date unless the copy is so deposited; provided, that if land was attached on mesne process in Nantucket county and judgment was rendered in another county, or if judgment was rendered in Nantucket county and land was attached in another county, said copy shall be deposited within seventy days after the date which appears on the execution issued upon judgment in the action, and the attachment shall become void seventy days after said date unless the copy is so deposited.

Notes of Decisions

Cited in 14 cases, 1923–2015 · leading case: Banknorth, N.A. v. Hart (In Re Hart), 328 F.3d 45 (1st Cir. 2003).

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Banknorth, N.A. v. Hart (In Re Hart), 328 F.3d 45 (1st Cir. 2003). “See Mass. Gen. Laws ch. 236, § 4 . On January 5, 1997, while these state court proceedings were progressing, David J.”

McGrath v. Worcester Cnty. Nat'l Bank, 338 N.E.2d 361 (Mass. App. Ct. 1975). · cites it 7× “After “tr[ying] unsuccessfully” for the next two weeks “to collect the amount of the execution from La-Pierre,” the deputy sheriff recorded the execution in the appropriate registry of deeds on July 16, 1973, in accordance with G. L. c. 236, § 4. The memorandum which was…”

Everett Credit Union v. Allied Ambulance Servs., Inc., 424 N.E.2d 1142 (Mass. App. Ct. 1981). “223, § 59, and G. L. c. 236, § 4 (as in effect prior to St.”

S & H Petroleum Corp. v. Register of Deeds, 707 N.E.2d 843 (Mass. App. Ct. 1999). · cites it 2× “” G. L. c. 236, § 4. After learning of his misstep, Shaheen returned to the registry on July 20, 1992 (the date used in the complaint) to request the return of the original execution of judgment so that he could forward the document to a Bristol County deputy sheriff for proper…”

Christakis v. Jeanne D'Arc Credit Union, 29 N.E.3d 823 (Mass. 2015). “See G. L. c. 236, § 4 (“the officer shall forthwith deposit in the registry of deeds .”

Still Assocs., Inc. v. Porter, 508 N.E.2d 621 (Mass. App. Ct. 1987). · cites it 5× “The judge found that the judgment creditor through whom Alpert claimed had not complied with the recording requirements of the second sentence of G. L. c. 236, § 4, which he ruled to be applicable to Alpert’s claim.”

Cullen v. E.I. Dupont Denemours & Co., Inc. (In Re Antinarelli Enter., Inc.), 49 B.R. 412 (Bankr. D. Mass. 1985). “Note that in this proceeding, the judgment was issued on October 26,1983, the execution returned unsatisfied on December 19, 1983, and the Bill to Reach and Apply was not filed until June 29, 1984.”

Solans v. McMenimen, 951 N.E.2d 999 (Mass. App. Ct. 2011). “See G. L. c. 236, § 4; G. L. c. 223, § 59. On August 25, 2008, the plaintiffs filed the present action in the Land Court seeking a determination that their attachment constitutes an encumbrance on the property superior to the mortgage now held by Specialty Mortgage.”

MRI, Inc. v. J. Henry Schroeder Bank & Trust Co., 422 N.E.2d 487 (Mass. App. Ct. 1981). · cites it 3× “The plaintiff’s principal contention is that the levy did not comply with the provisions of G. L. c. 236, § 4, in that the memorandum accompanying the filing of the execution did not specifically state that the “execution [was] in his hands for the purposes of taking the land of…”

St. Mary's Credit Union v. Mavretic, 1999 Mass. App. Div. 159 (Mass. Dist. Ct., App. Div. 1999). “Similarly, G.L.c. 236, §4 was amended in 1980 to provide that an attachment becomes void forty days after the date which appears on the execution.”

Allison v. Donovan, 244 Mass. 233 (Mass. 1923). “” In the Superior Court the defendant’s plea in bar was sustained and a decree entered dismissing the plaintiff’s bill.”

Citibank, N.A. v. Leahy, 19 Mass. L. Rptr. 219 (Mass. Super. Ct. 2005). · cites it 2× “599, 600-01 (1975) (explaining that G.L.c. 236, §4 and G.L.c. 223, §59, prior to the most recent amendments, required a judgment creditor who had secured an attachment to obtain and record a writ of execution in order to preserve its lien).”

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