Audit of the Land Court Department

This is a state performance audit of the Massachusetts Land Court Department covering July 1, 2019 through June 30, 2021.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2019 through June 30, 2021.”

Auditors checked whether the Land Court properly handled escrow funds and properly oversaw its list and appointments of partition commissioners.

“The purpose of this audit was to determine whether LCD administered escrow funds in accordance with Sections 1.9, 3.2.3, and 3.9 of the Executive Office of the Trial Court’s Fiscal Systems Manual, as well as Section 6 of Chapter 200A of the General Laws, and whether LCD oversaw its partition commissioner1 list and appointments in accordance with Section 12 of Chapter 241 of the General Laws and Sections 1–4, 5d, 6, and 7 of Rule 1:07 of the Massachusetts Rules and Orders of the Supreme Judicial Court.”

The problems matter because people need accurate public court records, and property owners may have to do extra work to get money that should have been handled sooner.

“In addition, because LCD did not allow the real estate stakeholders enough time to take necessary action to retrieve their funds from LCD, now the stakeholders must file additional paperwork to retrieve their funds from UPD.”

If you are involved in a Land Court property case, this affects whether you can trust the public list of court-appointed partition commissioners and whether unclaimed escrow money is handled on time.

“In addition, real estate stakeholders cannot view an accurate list in order to select partition commissioners.”

The auditor found three main issues: an inaccurate public list of partition commissioner appointments, delayed transfer of abandoned escrow funds, and missing commissioner oath records.

“LCD did not retain notarized “Commissioner Oaths” for 11 of 58 partition commissioner appointments in either MassCourts or its hardcopy files.”

The Land Court said it has started using automated reports, tracking systems, reminders, and updated procedures to address the audit findings.

“The Recorder's Office has replaced the manually maintained list by implementing use of a MassCourts generated weekly list so all appointments from the previous week now appear in the Master Public Book.”

This is significant because the audit found the Land Court was not fully following required rules for escrow funds and partition commissioner oversight.

“Does LCD oversee its partition commissioners in accordance with Section 12 of Chapter 241 of the General Laws and Sections 1–4, 5d, 6, and 7 of Rule 1:07 of the Massachusetts Rules and Orders of the Supreme Judicial Court?”

A partition commissioner is a lawyer chosen by a judge to help divide or sell property when owners cannot resolve it themselves.

“A partition commissioner is an attorney appointed by a judge to determine how a property should be divided.”