Mass. Gen. Laws ch. 188 § 13

Current through Chapter 223 of the 2024 Legislative Session

Section 188:13 - Good faith purchasers

A recorded deed, release, mortgage, affidavit or other instrument of conveyance containing a statement of any facts set forth in clauses (6), (7) or (8) of subsection (a) of section 10 may be relied upon by a good faith purchaser for value and shall be conclusive proof of the parties, if any, then entitled to claim an estate of homestead. An affidavit pursuant to clause (7) of subsection (a) of section 10 shall be accepted in the appropriate registry of deeds or registration district of the land court. The subsequent residency or renewal of residency in the home by a grantor or spouse of the grantor, releaser or mortgagor shall not defeat the priority of a mortgage, release or conveyance accepted in reliance on such recorded deed, release, mortgage, affidavit or other instrument of conveyance.

Mass. Gen. Laws ch. 188, § 13

Amended by Acts 2022, c. 175,§ 30F, eff. 11/8/2022, app. to estates of homestead arising or created before, on or after the effective date, except with respect to subject matter of any final judgment to the contrary by court of competent jurisdiction in an action commenced prior to said effective date.

Added by Acts 2010, c. 395,§ 1, eff. 3/16/2011.