Massachusetts General Laws ch. 185 sec. 62 – Fraudulent registration
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Section 62. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title. After the transcription of the judgement of registration on the original complaint, any subsequent registration procured by the presentation of a forged deed or other instrument or by the presentation of a deed or other instrument executed on behalf of a corporation by persons falsely purporting to be the president, vice president, treasurer or assistant treasurer of the corporation shall be null and void.
Terms Used In Massachusetts General Laws ch. 185 sec. 62
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.