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Commentary: When is an encumbrance not an encumbrance? (access required)

By William V. Hovey and Michael Pill BOSTON, Mass. -- Just because a document is recorded in the Registry of Deeds does not mean it is an "encumbrance" on "title" to real estate within the meaning of G.L.c. 93, §70, Massachusetts' certification of title statute for certain mortgaged property. Two recent cases have driven this point ...

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