Tyler E. Chapman is quoted in the Aug. 21 issue of Massachusetts Lawyers Weekly on the significance of a Land Court judge's decision that the recently amended statute of repose imposes a deadline for not only filing a complaint in court, but also for recording the complaint or pleading with the Registry of Deeds.
The plaintiffs unsuccessfully argued that they had satisfied the statute of repose deadline by filing an affidavit of an alleged title defect instead of the complaint.
Mr. Chapman, a partner at the firm, said the ruling provides important guidance to future claims under the statute's three-year time limit.
"The decision lends some certainty to the idea that you have to record your amended complaint within three years of the foreclosure affidavit," he told the publication. "And what [the decision] probably does do is save a lot of future arguments about waiver and whether notice was satisfactory."
Mr. Chapman frequently handles real estate litigation matters as part of his general litigation practice.