Use Caution When Relying On The Validity Of Trustee Certificates

Trust documents often state that third parties may rely without further inquiry on a trustee certificate signed by the person listed in the registry of deeds as trustee. It's also common for a trustee certificate to state that third parties can rely on the authority of the trustee without further inquiry. However, in a recent ruling in Lisa A. Mackey v. Santander Bank, N.A. (Docket No. 23-P-472), the Massachusetts Appeals Court held that a trustee certificate cannot be relied upon if public records show the signatory is not the trustee. This decision shows the importance of thorough title searches in trust-related transactions, as third parties cannot rely solely on trustee certificates when public records suggest otherwise.