February 20, 2026

Effective February 2, 2026, the Land Court of Massachusetts will no longer approve, and Registry Districts may no longer accept for registration, a power of attorney (“POA”) or limited power of attorney (“LPOA”) that conditions an agent’s authority on off-record documents or vague references. This is in accordance with an October 29, 2025 memorandum issued by the Land Court and signed by Chief Title Examiner Christina T. Geaney (the “Memo”). The Memo states that a POA or LPOA must expressly identify the powers granted and provide the agent with express and unconditional authority to sign any document presented for registration that relies on that power (including documents submitted with the “Eaton Affidavits”). This policy requires that the authority supporting registered land documents appear clearly and unconditionally within the recorded instrument itself rather than through external servicing agreements or other off-record materials.

The Memo states the Title Examination Department began its review of foreclosure related documents for compliance with Eaton v. Federal Nat’l Mortg. Ass’n, 462 Mass. 569 (2012) in August 2012, and that many agents sign Eaton Affidavits pursuant to POAs or LPOAs that reference off-record servicing agreements. The Department states that such conditional language requires additional time to request and review off-record documentation, and it determines that it should not continue to devote scarce resources to that process. It also states that the Department intends in 2026 to transfer primary responsibility for review of many foreclosure related documents to the Registry Districts. The Memo concludes by stating that ending reviews of off-record materials will facilitate a more efficient registration process.