Wonder of wonders!!! Massachusetts, the commonwealth (not state, thank you very much) where I practice real estate law, is joining the 21stCentury. Three different counties (there are 15 counties in the Commonwealth) have now made arrangements for attorneys, and other people involved in the land recording process, to record documents over the Internet. The counties which have made this “break-through” are Middlesex, Plymouth and Hampden, and the system is working extraordinarily well.
Massachusetts has a dual land registration system, which involves recorded land (most of the land in the Commonwealth) and registered land (a much smaller fraction of the land). Because of the idiosyncrasies involved in registered land, only “recorded” land filings may use the Internet system. Just as importantly, the system can only be utilized by those recording entities who have established themselves as “qualified” to use it by satisfying the particular procedural and financial requirements established by the Registries, themselves.
My firm, Topkins & Bevans, was quick to become qualified, and we are now actively recording any available documents using the Internet. I am not aware of whether other jurisdictions have for a long time had a system like the one evolving in Massachusetts, or whether Massachusetts is in the forefront here. To me, it hardly matters because we are now able to eliminate, in almost all cases, the inconvenience of Registry closings for recorded land in the counties I described, and the consequent standing in line and waiting to record documents, in person, at the Registry.
If my Massachusetts realtors expect to be involved in closings that traditionally “had to close” at the Registries described above, because the transaction is “back-to-back” or the Seller needs the funds “right away”, the new procedure should be a Godsend. Make sure to inquire of the closing agent involved whether he or she offers Internet recording. It is an idea whose time has come, and like all the technology which is becoming available to us every day, if that closing agent does not “climb on the bus”, the bus may just pass it by. Topkins & Bevans would be pleased to answer any questions of Massachusetts closing agents about this new process. In the long run, using the Internet for recording will make all of us more efficient and able to increase our productivity.