Register of deeds has his first challenger in 30 years. How different are the candidates?

Incumbent Fall River Register of Deeds Bernard McDonald III is facing a challenger for the first time in his 30 years in office, former Swansea selectman Christopher Carreiro .

Both are on the Democratic ballot; with no Republicans running, the winner of the Sept. 3 primary gets the job.

“I would like to attribute the fact that why no one’s run is the fact that everything is going well over at the Registry of Deeds — it has been for the last 30 years," said McDonald. “There’s been no issues.”

Carreiro said he feels very differently.

“He has flown under the radar for 30 years,” Carreiro said. “Voters do not know who he is, and that’s his fault. ... He’s not using the office for advocacy. He’s not using it for community outreach. He’s just existing and collecting a paycheck.”

Responding to Carreiro's claim that voters don't know who he is, McDonald said, "I don't know about that. We'll see on Tuesday."

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What does the register of deeds do?

It’s not one of the more high-profile elected positions.

The Registry of Deeds records and archives all real estate transactions for the public, including deeds, mortgages, tax liens, declarations of homestead, plans and other documents. Bristol County has three registry offices, in Fall River, Taunton and New Bedford. Each is overseen by a register, the official elected to a six-year term who administers the office and makes sure all transactions are recorded properly.

In 2022, the position paid a $115,766 salary . Through fees established at the state level, the registry brings in, McDonald said, $7 million in revenue to the state and county budgets, some of which funds the Community Preservation Act.

Residents in Fall River, Freetown, Somerset and Swansea who own property will inevitably deal with the Registry of Deeds. Those who aren’t real estate agents, bankers or attorneys may never meet this person or ever need to step inside the office on North Main Street where land documents dating to the area’s earliest days are stored.

“It’s under the radar, but if there were issues, you would hear about it," McDonald said. “We keep things moving.”

McDonald, then Fall River’s assistant tax assessor, was first elected in 1994. The register of deeds race saw an unusually high level of interest that year; Joseph Hanfy Jr., who'd himself occupied the register post for decades straight with few challengers, had declined to run for re-election.

McDonald was one of 11 Democratic candidates on the 1994 primary ballot. In that November’s general election, McDonald beat a Republican, who had fought off an opponent in the primary himself, and four unenrolled candidates.

Since then, no one else, in either party or independent, has sought to oust McDonald from office.

“I'd like to attribute that to a job well done,” McDonald said.

The office has proceeded steadily through decades of change, including the 2008 subprime mortgage crisis and in 2020 the COVID-19 pandemic that saw businesses grind to a halt.

"Going through COVID, we closed maybe a day or two, but for the most part we were open and doing business so commerce could continue to move forward," McDonald said.

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Does the Registry of Deeds need more modern technology?

Carreiro said he sees the position differently, saying there's a reason why the job is an elected office.

“It’s supposed to be more than that," Carreiro said. “As a register of deeds, you’re an advocate for taxpayers and homeowners.”

Carreiro, who has held positions on the Swansea School Committee and Board of Selectmen and has practiced real estate law for the past nine years, began his campaign in January. His stated goals are modernizing the registry’s outdated technology and being a bigger advocate for homeowners.

“Between my public service and my professional experience, I think that I'm a perfect fit ... that brings our registry of deeds into the 21st century," he said.

When McDonald started his work at the registry, the internet was in its infancy, built for desktop computers with floppy disk drives. Carreiro said the third-party website the registry uses for record searches is stuck in those days, lacking easy functionality for how most business is conducted today — on smartphones.

“Right now there is a database for the Registry of Deeds documents that was established in approximately 2007, and it is the exact same database and interface that exists today,” he said. “You can’t really access documents using a mobile device. It’s not made for that.”

Recorded land records connected to names going back to 1947 have been digitized; Carreiro said Fall River can do better. Taunton’s registry of deeds website can search records from 1772.

McDonald said, the system works, and he said changing the site may not go over well with those who need to use it. "The people who use it, like it. So if it's not broken, don't fix it," he said.

Still, McDonald said, he is in the process of having a mobile app developed for registry searches, saying it will get done during his next term.

Can the register be an advocate for homeowners?

Carreiro claimed McDonald hasn’t been a strong enough, or visible enough, public advocate for homeowners. He said he would do better at promoting first-time homebuyer programs, be a source of information and help for citizens facing foreclosure, and urge greater use of the declaration of homestead — a $35 document that protects homeowners from creditors for up to $500,000.

The registry’s website contains a page of links for those facing foreclosure and information and downloadable forms for homestead declarations . It also notes that, homeowners should seek an attorney for guidance since the registry cannot offer legal advice.

"We can steer them in the right direction, give them advice, but we can't sit here and give them legal advice," McDonald said. "We can't sit in a government agency and start giving them legal advice out the door."

Carreiro said these resources made available don’t go far enough.

Regarding homestead declarations, he said, “the problem is, in Bristol County, half the houses are now valued at over $500,000. That means half the population that owns homes is exposed to creditors." He said the elected register should use the position to work with the Legislature to increase that protection limit.

McDonald said he does have a legislative committee within the state Registers and Assistant Registers of Deeds Association that "meets and goes to the Legislature and discusses different issues. ... We advocate for these things."

McDonald: 'Less leisure, more campaigning' this summer

Facing his first-ever challenger has meant for McDonald this has been “a different summer,” he said. “It’s been a summer of less leisure and more campaigning.”

According to Office of Campaign and Political Finance records , he held a breakfast fundraiser in April, and has just over $7,600 on hand.

He’s also planning on leaflet drops, radio ad spots, and has printed lawn signs visible throughout the city, though he joked, “I’m not in the sign-war business. I think I have enough signs up to make people aware that I’m still running.”

As for more modern methods of campaigning, he said, “My kids helped me with the social media aspect of it because that’s not my forte.”

He said he’s been making appearances at community functions, and noted he serves on the board of directors at the Boys & Girls Club and St. Anne’s Credit Union. He said being the register is his full-time job.

"It's an important position that needs full-time attention, and I'm that person."

A 1978 graduate of B.M.C. Durfee High School, he said, “I’ve lived in this community in Fall River for my entire life, as well as my wife and my family. We have deep roots to this community.

“Sept. 3, for the register of deeds position, for all intents and purposes, is the election. I’d like to continue one more term here to keep things going the way they’ve been going, keeping in the right direction.”

Register of deeds challenger makes his pitch to voters

For his part, Carreiro has over $22,000 in hand, held fundraisers, spread lawn signs of his own, and purchased radio ad spots. He’s also knocked on more than 2,500 doors in the district, he said.

“Nobody's doing it for me," he said. “I’m the guy who’s got the two flat tires on two separate occasions. I’ve been through two pairs of sneakers.”

He said every voter he's spoken to has been receptive once he tells them about his experience and ideas for modernizing the registry — and he said, “These people have absolutely no idea who Bernard McDonald III is.”

“Going door to door has been really an unbelievable experience," he said. “I’ve seen this district on the ground level, every aspect of it, and I really have a new appreciation.”

Editor's note: This story has been updated.

This article originally appeared on The Herald News: Register of deeds has his first challenger in 30 years. How different are the candidates?