EXECUTIONS AND REAL ESTATE TRANSACTIONS

When a copy of an execution is recorded in the Registry of Deeds along with a memorandum thereon that the execution is in the hands of the sheriff for the purpose of taking the land of the defendant, the Execution becomes an encumbrance upon the property of the defendant. The execution is valid for a period of six years from the time of recording and it may be brought forward for successive periods in the same manner as attachments of real estate, See, M.G.L. c. 223 §114A, and MCA Title Standard No. 47.

When you have an unexpired execution of record, it is necessary to record a certificate of the clerk of court in order to remove it as a cloud on title. First, it is necessary to have the original execution returned into court marked "satisfied in full". The clerk's certificate should state that the execution was returned so marked. The certificate of the clerk of court should be recorded and marginally referenced to the execution.

An instrument signed by the plaintiff in the action releasing all of his interests by virtue of the execution, once recorded, will also act as a release of the execution. A release or discharge of the execution signed by the attorney for the plaintiff is not acceptable to clear title. While it is acceptable, indeed preferable, for the attorney of record to sign a release of an attachment, in the case of an execution, the release must be signed by the plaintiff See MCA Title Standard No. 47(4).

The above describes a situation when the execution is levied and suspended. MCA Title Standard no. 20 addresses the levy by sale. Specifically, when there is a levy by sale, the sheriff will hold an auction and the property will be sold and deeded to the highest bidder. In that case it is necessary to obtain a release deed from the buyer at the sheriff's sale back into the debtor in order to insure the debtor's title. We will not insure the purchaser at the Sheriff's Sale unless the debtor deeds his interest to the purchaser or a successful writ of entry action is completed.