FORECLOSURE - SOLDIER'S AND SAILOR'S CIVIL RELIEF ACT

As the comment to MCA Title Standard No. 7 notes:

As adopted and promulgated by the Massachusetts Legislature, the federal act takes on a distinctly procedural aspect. Chapter 57 of the Acts of 1943 mandates that the decree contemplated by the federal act be recorded in the applicable Registry of Deeds and thereby serve as "...conclusive evidence of compliance with the provisions of said Solders' and Sailors' Civil Relief Act..." Chapter 57 of the Acts of 1943.  Once the decree has been filed the purpose of the Act has been fulfilled and the Land Court's involvement ends.  As the Supreme Judicial Court has noted;

Title Standard No. 7 manifests the importance of compliance with Soldier's and Sailor's as an important prerequisite to an effective foreclosure.  Specifically, the standard mandates that a  failure to comply with Soldier's and Sailor's would render the title unmarketable unless a 20 year period has elapsed since the foreclosure.  MCA Title Standard No. 7.  A foreclosure wherein the Act was not complied with would create a cloud on title which could only be cleared by a action to clear the title.  Such an action raises a host of practical issues relating to cost allocation and the efficacy of the foreclosure itself by virtue of the chilling effect a quot;fast track" foreclosure may engender in the first instance.