Lowell Deeds

The latest on real estate recordings and new technology from the Middlesex North Registry of Deeds in Lowell

July 25, 2008

Multiple Documents - Multiple Fees

by @ 11:00 am. Filed under Indexing

In an outside section of this year’s state budget that was just signed by the governor, the confusion over the fees charged for multiple documents should finally be cleared up. You may recall that the practice in many registries was to charge multiple fees for documents that performed multiple functions. For example, if one piece of paper discharged a mortgage and an assignment of leases and rents, it was doing the job of two separate documents. The registries would therefore index it as two documents and charge as though it were two documents. This practice was challenged by the developer of a time share resort in Berkshire County who ended up paying about $70,000 in filing fees for a “multiple assignment.” With that much money at stake, the matter went all the way to the Appeals Court which ruled that the law allowed registries to charge a single fee for a single piece of paper regardless of how many matters were contained in it. This new amendment reverses the appeals court and not only permits the multiple fee practice, it mandates it. And it applies retroactively. Here’s the text of the amendment:

a) Except as otherwise provided, the fees of the registers of deeds to be paid when a document or instrument is recorded shall be subject to a surcharge of $20; provided, however, that if the document or instrument to be filed includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $20 surcharge. The fee for recording a municipal lien certificate shall be subject to a surcharge of $10; provided, however, that if the certificate includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $10 surcharge. The surcharges imposed shall be used for community preservation purposes. No surcharge shall apply to a declaration of homestead under chapter 188. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.

[powered by WordPress.]

Pages:

Recent Posts:

categories:

search blog:

archives:

July 2008
M T W T F S S
« Jun   Aug »
 123456
78910111213
14151617181920
21222324252627
28293031  

Metatasks:

21 queries. 0.397 seconds