This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
Though the subject of liens, including mortgages, is treated in a subsequent part of this work, it seems desirable to here consider the effect of the registration of the title to land upon such liens as may be created thereon.
All existing liens, equitable or statutory, except those excepted in the statute, are noted upon the certifi7. The Illinois act (Laws 1897, p. 156, Sec. 69), making the approval of such transfer by two examiners conclusive as to its validity, has been criticized as conferring judicial powers upon ministerial officers. It has, however, been sustained by the supreme court of the state. People v. Simon, 176 111. 165, 44 L.
R. A. 801, 68 Am. St. Rep. 175, 52 N. E. 910. In Massachusetts this difficulty is avoided by the establishment of a court of land registration, which renders a decree construing the trust in such a case, and performs any other acts of a judicial nature which may be called for in the administration of the law.
Cate of title when issued upon the registration of the land, and those subsequently created on the land are also required to be noted on the certificate, generally upon the filing with the registrar of a copy of the proceedings or instrument upon which the lien is based.
In the case of a mortgage on the land, made subsequent to the registration of the title, the statute sometimes provides for the issue of a duplicate certificate of title to the mortgagee, a memorandum of such issue being noted on the original certificate in the registration book, while sometimes the mortgage merely is given to the mortgagee, a duplicate being held by the registrar, and the transaction being, as in the other case, noted in the registration book. Upon an assignment or discharge of the mortgage, these facts are noted upon the certificate in the registration book.