Massachusetts General Laws ch. 185 sec. 26 – Complaints for registration of title
Section 26. Complaints for registration of title may be made by the following persons:
Terms Used In Massachusetts General Laws ch. 185 sec. 26
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Plaintiff: The person who files the complaint in a civil lawsuit.
First, Persons who claim, singly or collectively, to own the legal estate or easements or rights in land held and possessed in fee simple.
Second, Persons who claim, singly or collectively, to have the power of appointing or disposing of the legal estate or easements or rights in land held and possessed in fee simple.
Third, Infants and other persons under disability, by their legally appointed guardians; but the person in whose behalf the complaint is made shall be named as plaintiff.
Fourth, Corporations, by any officer duly authorized by a vote of the directors.
One or more tenants for a term of years, which is regarded as a fee simple in section one of chapter one hundred and eighty-six, shall not bring an action except jointly with those who claim the reversionary interest which makes up the fee simple at common law; nor shall a mortgagor, except as hereinafter provided, bring an action without the written consent of the mortgagee; nor shall one or more tenants bring an action who claim undivided shares less than a fee simple in the whole land described in the complaint for registration. If the holder of a mortgage does not consent to the complaint, it may be entered nevertheless, and the title registered, subject to the mortgage, which may be dealt with or foreclosed as if the land subject to it had not been registered. The judgment of registration in such case shall describe the mortgage, and shall state that it has not been registered and that registration is made subject to it, and shall provide that no subsequent certificate shall be issued and no further papers registered relative to such land after a foreclosure of such mortgage.