Good Funds Statute
A synopsis of the “Good Funds Law”
If a lender lends money in a real estate transaction that involves a mortgage, the mortgage shall not be recorded until the lender has forwarded to either the mortgagor, the mortgagor’s attorney, or the mortgagee’s attorney the proceeds of the loan in the form of a certified check, bank treasurer’s check, cashier’s check, or wired funds, but the attorneys, once they receive the money, do not have to disburse the funds in that form.
The “Good Funds Law” is contained in G.L.c. 183, §63B. The full text of the statute is as follows:
No mortgagee who makes a loan to be secured by a mortgage or lien on real estate located in the commonwealth in conjunction with which, a mortgage deed evidencing the same is to be recorded in a registry of deeds or registry district in the commonwealth, shall deliver said deed or cause the same to be delivered into the possession of such registry of deeds or registry district for the purpose of the recording thereof unless prior to the time said deed is so delivered for recording, said mortgagee has caused the full amount of the proceeds of such loan due to the mortgagor pursuant to the settlement statement relevant thereto given to said mortgagor or in the instance of any such loan in which the full amount of the proceeds due to the mortgagor pursuant to the terms thereof are not to be advanced prior to said recording, so much thereof as is designated in the loan agreement, to be transferred to the mortgagor, the mortgagor’s attorney or the mortgagee’s attorney in the form of a certified check, bank treasurer’s check, cashier’s check or by a transfer of funds between accounts within the same state or federally chartered bank or credit union, or by the funds transfer system owned and operated by the Federal Reserve Banks, or by a transfer of funds processed by an automated clearinghouse; provided, however, that neither the mortgagor’s attorney or the mortgagee’s attorney shall be required to make disbursements or deliver said proceeds to the mortgagor in such form; provided, however, that the provisions of this section shall not apply to the commonwealth, its agencies, or political subdivisions.