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THE REAL ESTATE BAR ASSOCIATIONfor Massachusetts, Inc.REBA Handbook of Standards & FormsIndex of Available Standards & FormsThis contains the preamble and table of contents taken directly from the REBA Handbook of Standards & Forms.It is intended to give REBA members a sense of the breadth and scope of this collection of resources.PreambleThe objective of the conveyancer is to determine whether or not the title in question is satisfactory ofrecord. Objections to the title should be made only when the defect or defects could reasonably beexpected to expose the prospective owner, tenant or lienor to the risk of adverse claims or litigation.The following title standards express the practice considered reasonable by members of the RealEstate Bar Association for Massachusetts. This standard of reasonableness is intended to assist theconveyancer in determining if title is marketable. This is not necessarily the same standard that theLand Court will apply consistent with its statutory obligation under M.G.L. Chapter 185. While everyeffort has been made to maintain consistent standards for both recorded and registered land, there areinstances in which the two sets of standards diverge. When dealing with registered land theconveyancer should always review the applicable Land Court Guidelines.When a conveyancer encounters a situation that he or she believes to constitute a defect in title, it isrecommended that the conveyancer contact the prior conveyancing attorney to determine if there arefacts or circumstances not apparent from the record that would make title marketable under thesestandards or otherwise.To achieve uniformity and harmony in the practice of conveyancing, every purchase and saleagreement should contain the following provision: "Any matter which is the subject of a title, practiceor ethical standard of the Real Estate Bar Association for Massachusetts at the time for delivery of thedeed shall be governed by said standard to the extent applicable".CommentThe foregoing provision should protect sellers by preventing sales from being lost by technical andnon-substantive objections to title and should protect buyers by avoiding disputes and assuring thema title that will be marketable in the event of a resale.Adopted May 17, 1973Amended May 22, 1980 (third paragraph added)Amended: May 8, 2006 (first paragraph substantially rewritten, new second paragraph added, Comment revised)295 Devonshire Street, Sixth Floor, Boston, MA 02110 Tel: (617) 854‐7555 www.reba.net membership@reba.net
Title StandardsNo. 1Period of SearchNo. 2Old Age Assistance LiensNo. 3Federal Estate Tax Liens (Amended ‐ November 2015)No. 4Tax TitlesNo. 5Water LiensNo. 6Junior Lienors as Parties to Proceedings under the Soldiers' and Sailors' Civil Relief ActNo. 7Mortgage Foreclosures Not Complying with the Soldiers' and Sailors' Civil Relief ActNo. 8A Corporation as a Party to Proceedings under the Soldiers' and Sailors' Civil Relief ActNo. 9Mass. Business Trusts and the Rule against PerpetuitiesNo. 10Executor's Power of Sale (Amended – May 2012)No. 11Corporate TransfersNo. 12Foreign CorporationsNo. 13Massachusetts Inheritance Tax LiensNo. 14Missing Probates (Amended – May 2012)No. 15Partition by SaleNo. 16AcknowledgmentsNo. 17Corporate Tax LiensNo. 18Municipal LiensNo. 19Municipal Lien CertificatesNo. 20Levy of Execution by SaleNo. 21Scriveners' ErrorsNo. 22Municipal BettermentsNo. 23Self‐Dealing by TrusteeNo. 24Massachusetts Estate Tax LiensNo. 25Mortgage DischargesNo. 26Limited Partnership TransfersNo. 27Title References and DescriptionsNo. 28Release of Right of Redemption after Foreclosure in Respect of a Federal Tax LienNo. 29Dissolution of Lis PendensNo. 29Bankruptcy TransfersNo. 31Notice of Pendency of BankruptcyNo. 32Unadministered Bankruptcy InterestsNo. 33Transfers by Trustee(s) (Amended ‐ November 2011)No. 34Powers of Attorney (Amended – May 2013)No. 35Notice of Foreclosure Sale (Suspended – November 2015)No. 36Probate Inventories (Amended – May 2012)No. 37General Partnership Transfers (Previously Recorded Conveyances)No. 38Attachments of Trust PropertyNo. 39Exercise of Power of AppointmentNo. 40Transfers by DeviseesNo. 41List of Heirs (Amended – May 2012)
No. 42Signatory Authority for Documents Executed on Behalf of Entity Mortgage Holders & Attorneys in Fact (Amended ‐ Nov 2011)No. 43Assignments of Lease ReversionsNo. 44General Partnership Transfers (Current Transactions)No. 45Transfers to Trusts (Amended – November 2014)No. 46Delayed RecordingNo. 47Seizure on ExecutionNo. 48Mortgage Foreclosures under Power of AttorneyNo. 49Dissolution of AttachmentsNo. 50Pretermitted Issue (Amended – May 2012)No. 51Transfers Involving the CommonwealthNo. 52Extension of RestrictionsNo. 53Indefinite References ‐Trusts (Amended – November 2011)No. 54Federal Tax Liens (Recorded)No. 55Massachusetts Tax Liens (Recorded)No. 56Mortgage Foreclosures after December 31, 1990No. 57Private RestrictionsNo. 58Out of Order Recording of Mortgage Discharges & Assignments (Amended – May 2011)No. 59Limited Liability Company TransfersNo. 60Limited Liability Partnership TransfersNo. 61Massachusetts Estate Tax Liens with Respect to Transfers for Inadequate ConsiderationNo. 62Mechanic’s Lien for Personal Labor OnlyNo. 63Mechanic’s Lien for Contractor’s Labor or Labor & MaterialsNo. 64Mechanic’s Lien for Subcontractor’s Labor or Labor & MaterialsNo. 65Undischarged Confirmatory Mortgages and Collateral Assignments of Rent/LeasesNo. 66Transfers by Non‐Profit CorporationsNo. 67Orders in Equitable ProceedingsNo. 68Trustee’s Certificates Under M.G.L. c. 184, § 35No. 69Certificates Pursuant to M.G.L. c. 183A, § 6(d)No. 70Condominiums: First Unit Deed Fails to Include Attached Unit Plan or Includes Defective Unit Plan or CertificationNo. 71Evidence of Death of Deceased Joint Owners & Life Tenants (Amended – May 2012)No. 72Mortgage Instruments‐Identification of Nominor (MERS)No. 73Effect of Recorded Complaint to Enforce Mechanic'sNo. 74Lien which has been Dissolved (Amended – November 2014)No. 75Irregularities in Condominium Unit Deeds, Unit Plans & Floor PlansNo. 76Corporate Transfers after DissolutionNo. 77Prior Owner Automatic Homestead or Declared Homestead (Adopted ‐ November 2011)No. 78Personal Representative Conveyances Per Power of Sale Under Mass. Uniform Probate Code (Amended ‐ October 2012)No. 79Discriminatory Covenants and Restrictions (Adopted ‐ October 2012)No. 80Petition to Foreclose the Right of Redemption of Tax Deed or Taking (Adopted – May 2013)No. 81Property Transfers Subject to Supplemental Probate Rule 411 ‐ Automatic Restraining Order (Adopted – November 2014)No. 82Municipal Liens for Remediation of Nuisances or Code Violations (Adopted – November 2015)No. 83Massachusetts Child Support Liens (Adopted – May 2016)No. 83Effect of a Bankruptcy on Recorded Liens (Adopted – November 2016)
Ethical StandardsNo. 1Consideration Recited in DeedsNo. 2AcknowledgmentsNo. 3Communication with a Party Represented by CounselNo. 4Attorney Acting in Dual Capacity as Attorney and Real Estate Broker (Adopted – May 2012)Practice StandardsNo. 1Closing Adjustments (Between Buyer and Seller) (Amended – November 2016)No. 2Recording ChargesNo. 3Paper SizeNo. 4Reference to Standard in AgreementsNo. 5Adjustments (When Final Bill is Unavailable)No. 6Disputes Arising Under StandardsNo. 7Fuel Oil Adjustments (Amended – May 2013)No. 8Smoke DetectorsNo. 9Interest on DepositsNo. 10Conveyances after Death: Recording of DocumentsNo. 11Disbursement of FundsNo. 12Real Estate Tax AbatementsNo. 13Sales of Condominium UnitsNo. 14Orders of ConditionNo. 15Per Diem Interest ChargesNo. 16No Interest on DepositsNo. 17Mortgage DischargesNo. 18Deposits and Brokers' CommissionsNo. 19Home Equity Loan DischargesNo. 20Condominium Site PlanNo. 21Rescission Period: Recording of DocumentsNo. 22Escrow Accounting and ReconciliationNo. 23Certification of Title Pursuant to M.G.L. c. 93, § 70No. 24Disposition of Unclaimed IOLTA FundsNo. 25Electronic Funds Transfers (Adopted – May 2012)No. 26Land Subject to a Non‐Statutory Obligation to Pay Assessments (Adopted – May 2013)No. 27Manufactured Home Transfers (Adopted – November 2014)
F o r msF. 1Affidavit Regarding Power of AttorneyF. 4Affidavit Under M. G. L. c. 183, § 5B (by Attorney)F. 4AAffidavit Under M. G. L. c. 183, § 5B (With Subjoined Attorney’s Affidavit)F. 5Title Insurance AffidavitF. 6Certification by Entity TransferorF. 7Smoke Detector Certification AgreementF. 8Notice to Purchaser Regarding Real Estate TaxesF. 9Offer to Purchase Real EstateF. 9ALead Paint Rider for Residential Property Constructed Prior to 1978F. 10General Power of Attorney for Representing SellerF. 11Limited Power of Attorney for Representing Seller at ClosingF. 11ACertification (For Use with Form 11)F. 12Subordination of MortgageF. 13Subordination of LeaseF. 14Consent to Master Deed Amendment of MortgageF. 15F. 15ADischarge of Mortgage by Mortgage Servicer or by Note Holder or by Attorney AffidavitUnder M.G. L. c. 183, § 55Discharge of Mortgage by Mortgage Servicer Under M.G.L. c. 183 § 54c (A) (1)F. 15BDischarge of Mortgage by Mortgage Servicer, Under M.G.L. c. 183, § 54 c (A) (2)F. 15CF. 15DAffidavit of Mortgagor(s) In Support of Discharge of Mortgage Under M.G.L. c. 183, § 54 c (A) (2) (i) (a)Affidavit of subsequent owner(s) of Record in Support of Discharge of MortgageUnder M.G.L.c. 183, § 54 c (A) (2) (i) (b)Attorney's Affidavit in support of Discharge of Mortgage by Mortgage ServicerUnder M.G.L. c. 183, § 54 c (A) (2) (ii)F. 15EF. 15FDischarge of Mortgage By Note Holder Under M.G.L. c. 183, § 54 c (b)F. 15GDischarge of Mortgage By Attorney's Affidavit Under M.G.L. c.183 § 55F. 16Declaration of Homestead for Homes Owned by Natural Persons (Amended – May 2013)F. 16ADeclaration of Homestead for Homes Owned by Trustees (Amended – May 2013)F. 16BDeclaration of Elderly or Disabled Homestead for Homes Owned by Natural Persons (Amended – May 2013)F. 16CDeclaration of Elderly or Disabled Homestead for Homes Owned by Trustees (Amended – May 2013)F. 16DAffidavit Relative to Homestead Pursuant to M.G.L. c. 188 § 13 (Amended – May 2013)F. 17Disclosure Concerning the Massachusetts Homestead Act Pursuant to M.G.L. c. 188 § 14F. 18Election of Tenants by the EntiretyF. 19Quitclaim DeedF. 20Declaration of Trust: Establishing Nominee TrustF. 20ASchedule of Beneficiaries Nominee TrustF. 20BReceipt of Schedule of BeneficiariesF. 20CNominee Trust ResignationF. 20DNominee Trust Appointment of Successor TrusteeF. 20ECertificate of Acceptance by TrusteeF. 20FNominee Trustee Certificate of Appointment of Successor Trustee and AcceptanceF. 20GTrustee Certificate
F. 20HCertificate and Direction of BeneficiaryF. 21Purchase and Sale Agreement for Mass. Real EstateF. 21ACondominium Rider to Purchase and Sale Agreement for Massachusetts Real EstateF. 21BSeptic System Inspection Rider to Purchase & Sale Agreement for Mass. Real Estate ("Basic Agreement")F. 21CAlternative Dispute Resolution Rider to Purchase & Sale Agreement for Massachusetts Real EstateF. 22Residential Condominium Unit DeedF. 23Certificate of EntryF. 24Foreclosure DeedF. 25Mortgagee's AffidavitF. 26Form‐No Longer Exist (Ruebeck Compliance Letter)F. 27Notice of Extension Pursuant to M. G. L. c. 244, § 15F. 28Buyer's Limited Power of AttorneyF. 29Mortgage Payoff Information SheetF. 30Payoff Request (Equity Line of Credit)F. 31Request for Discharge (Equity Line of Credit)F. 32Affidavit M.G.L. c. 65 C, § 14 (a)F. 33Escrow AgreementF. 34Release of Declaration of HomesteadF. 35Trustee’s Certificate Pursuant to M.G.L. c. 184, § 35 (Amended – November 2011)F. 36Notary Public ‐ Acknowledgement (Adopted May 2017, replacing prior Form 36, originally adopted June 1, 2004)F. 37Notary Public ‐ Jurat (Adopted May 2017, replacing prior Form 37, originally adopted June 1, 2004)F. 38Reba Short Form Office LeaseF. 38ASchedule 1 Reba Short Form Office Lease Option To ExtendF. 38BWork Letter for Reba Short Form Office LeaseF. 39Reserved for later useF. 40Payoff Request Letter – M.G.L. c. 183, § 54 DF. 41ADischarge of Mortgage by Attorney's Affidavit ‐‐ M.G.L. c. 183, § 55 (g) (2)F. 41BPayoff Transmittal Statement Combined with Notice of Intention to Record Affidavit of Discharge‐‐ M.G.L. c. 183, § 55 (g) (2)Notice to Mortgagee of Intention to Record Affidavit of Discharge After Payoff to Mortgage Servicer or Note HolderM.G.L. c. 183 § 55 (g) (3)Affidavit to Accompany Recording of Unacknowledged or Incomplete Discharge of Mortgage‐‐M.G.L. c. 183, § 54 (b)Demand Letter to Mortgagee, Mortgage Servicer or Off‐Record Note Holder for Discharge, Documents SupportingAuthority to Discharge, Recording Fees and Damages–‐ M.G.L. c. 183, § 54 C (a) (3) (ii) (A) and § 55 (c) (1) and (2)MISSING ASSIGNMENT – DISCHARGE BY MORTAGE SERVICER Affidavit for Recording Mortgage Servicer DischargeAuthority Documents M.G.L. c. 183, § 54 C (a) (1)MISSING ASSIGNMENT – DISCHARGE BY NOTE HOLDER Affidavit for Recording Note to Support Discharge by Off‐RecordNote Holder – M.G.L. c. 183, § 54 C (a) (2) and § 54 BMISSING ASSIGNMENT‐Other discharges Affidavit by Mortgagor Regarding Discharge of Mortgage by Mortgage Servicer orOff‐Record Note Holder ‐‐ M.G.L. c. 183, § 54 C (a) (3) (i) And Affidavit of Attorneyto Accompany Mortgagors Affidavit Under ‐‐M.G.L. c. 183, § 54 C (a) (3) (ii)F. 41CF. 42F. 43AF. 43BF. 43CF. 43DF. 44Affidavit to Record Paid Note ‐M.G.L. c. 183, § 55 (h)F. 45Demand Letter to Person Who Received and Failed to Record Discharge M.G.L. c. 183, § 55 (d)F. 46ADemand Letter to Mortgagee, Mortgage Servicer or Note Holder for Discharge [and Damages] Pursuantto M.G.L. c. 183, § 55(a), (b) and (c)
F. 46BDemand Letter to Mortgagee, Mortgage Servicer or Off‐Record Note Holder for Discharge, Documents SupportingAuthority to Discharge, Recording Fees and Damages – M.G.L. c. 183, §54C(a)(3)(ii)(A) and §55(c)(1) and (2)F. 46CAttorney’s Affidavit of Discharge‐‐M.G.L.c.183, § 55(g)(1)F. 46DF. 46EF. 49Notice of Intention to Record Affidavit of Discharge ‐‐M.G.L.c.183, §55(g) (1)(vii)Notice to Mortgagee of Intention to Record Affidavit of Discharge After Pay‐off to Mortgage Serviceror Note Holder ‐ M.G.L.c. 183, §55(g)(3)Attorney's Affidavit under M.G.L. c.183, § 5B Certifying to Circumstances of Payoff to Mortgagee,Mortgage Servicer or Note Holder without Objections – M. G. L. c. 183, §55(g) (1) (iv)Demand Letter to Mortgagee, Mortgage Servicer or Off‐Record Note Holder for Reimbursementof Withheld Recording Fees ‐‐ M.G.L. c. 183, §55(e)Specimen Complaint for Judicial Review under M.G.L. c. 40A, §. 17 arising from review of a Building Inspector’s Decisionby Zoning Board of Appeals under M.G.L. c. 40A, s. 8Specimen Petition to Require Action to Try Title under M.G.L. c. 240, §§ 1‐5F. 50Specimen Complaint to Establish Title under M.G.L. c. 240, §§ 6‐10F. 51Specimen Complaint in the Nature of Certiorari following Approval of ANR Plan EndorsementF. 52Specimen Complaint to Establish Easement RightsF. 53Specimen Complaint for Slander of Title – Tort Seeking Monetary DamagesF. 54Specimen Petition for Partition1 with Notice to be Recorded and Affidavit as to NoticeF. 55Specimen Answer‐Affirmative DefensesF. 56Attorney Certification re Internet‐Based Title Information SourcesF. 57AF. 58Affidavit Regarding Note Secured by Mortgage to be Foreclosed (For Mortgages which have been Assigned) (Adopted –November 2013)Affidavit Regarding Note Secured by Mortgage to be Foreclosed (For Mortgages which have not been Assigned) (Adopted –November 2013)Deed of Distribution M.G.L. c. 190B, §3‐907 (Adopted – October 2012)F. 59AWritten Fee Arrangement: Representation of Seller in a Residential Purchase Transaction (Adopted – May 2013)F. 59BF. 60AWritten Fee Arrangement: Representation of Buyer in a Residential Purchase Transaction (Adopted – May 2013)Attorney’s Affidavit Pursuant to M.G.L. c. 183, § 5b In Support of M.G.L. c. 183, § 54C (a) (1) Discharge by Servicer(Adopted – November 2014)Attorney’s Affidavit Pursuant To M.G.L. c. 183, § 5b In Support of M.G.L. c. 183, § 54C (a) (2) Discharge by Note Holder(Adopted – November 2014)Affidavit of Mortgagor Pursuant to M.G.L. c. 183, § 5b in Support of M.G.L. c. 183, § 54C (a) (3) (i) (A) Discharge byMortgage Servicer or Note Holder That is Not the Mortgage Holder of Record (Adopted – November 2014)Affidavit of Owner of Record Pursuant to M.G.L. c. 183, § 5b in Support of M.G.L. c. 183, § 54C (a) (3) (i) (B) Discharge byMortgage Servicer or Note Holder That is Not the Mortgage Holder of Record (Adopted – November 2014)Attorney’s Affidavit Pursuant to M.G.L. c. 183, § In Support of M.G.L. c. 183, § 54C (a) (3) (ii) Discharge by MortgageServicer or Note Holder That is Not the Mortgage Holder of Record (Adopted – November 2014)Demand Letter to Mortgagee and Mortgage Servicer or Note Holder for Discharge and Notice of Intention to RecordAffidavit of Discharge Pursuant to M.G.L. c. 183, § 54C (a) (3) (ii) (B) (Adopted – November 2014)F. 46FF. 47F. 48F. 57BF. 60BF. 61AF. 61BF. 61CF. 61DF. 62AAttorney’s Affidavit of Discharge Pursuant to M.G.L. c. 183, § 55(g) (1) (Adopted – November 2014)F. 62BDemand Letter to Mortgagee, Mortgage Servicer or Note Holder for Discharge, Recording Fees [and Damages] and Noticeof Intention to Record Affidavit of Discharge Pursuant to M.G.L. c. 183, § 55(g) (1) and M.G.L. c. 183, § 55(g) (3)(Adopted – November 2014)Notice of Intention to Record Affidavit of Discharge Pursuant to M.G.L. c. 183, §§ 55(g) (2) and 55(g) (3) (Adopted –November 2014)F. 62CGuideGuide for the Use of REBA Forms 60A through 62CF. 63Condominium Declaration of Trust (Adopted – November 2016)F. 64Termination of Homestead by Statement Made in a Deed (Adopted – May 2017)Note: The REBA Handbook of Standards & Forms was last updated on May 1, 2017.
No. 81 Property Transfers Subject to Supplemental Probate Rule 411 ‐ Automatic Restraining Order (Adopted - November 2014) No. 82 . F. 21B Septic System Inspection Rider to Purchase & Sale Agreement for Mass. Real Estate ("Basic Agreement") F. 21C Alternative Dispute Resolution Rider to Purchase & Sale Agreement for Massachusetts Real .
