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Video Guide on Massachusetts Mechanics Lien management

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Commonly Asked Questions about Massachusetts Mechanics Lien

Filing a Mechanic Lien in Massachusetts requires two filings. The filing of the Notice of Written Contract and the Statement of Account. You can order each filing separately or both together. This is JUST ONE of these documents the Statement of Account.
The mechanics lien permits contractors, laborers, and suppliers to recover the cost of improvements made to real estate through a foreclosure sale. However, strict compliance with the procedural rules for the creation and on-going enforcement of a mechanics lien is mandated by the courts.
However, there are ways to address this issue and clear the title of your property from any encumbrances. The primary method to resolve a lien is by paying off the debt it secures to obtain a release. Upon fulfilling the obligation, a lienholder issues a release to remove the lien from the propertys title.
A judgment lien in Massachusetts will remain attached to the debtors property (even if the property changes hands) for 20 years (for liens on real estate) or 30 days (for liens on personal property).
General Liens in Massachusetts A general lien on real estate entitles the creditor to the property until the owner pays off the applicable debts. This means that any property can be sold to clear the debt.
Common Massachusetts Liens on Real Property Most commonly, liens on property exist where a creditor (a bank, credit card company, or other similar company) has brought the property owner to court requesting that court to award a judgment for the amount owed in its favor.
Laws, cases and web sources on mechanics lien law. A builder, contractor, or subcontractor can record a mechanics lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.
Under Massachusetts mechanics lien law, once payment is made, the creditors rights counsel Alan M. Cohen can prepare a notice of dissolution of lien. Unlike discharges of real estate attachment which the experienced collection attorney can directly sign, the creditor must sign the notice of dissolution of lien.
In order to qualify to file a mechanics lien in Massachusetts, certain parties must send a preliminary notice. Any party that did not contract directly with the GC or property owner must provide a Notice of Identification. They must send the notice within 30 days of first providing labor and services on a project.
Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the propertys title. But the second-mortgage debt and creditors judgment remain, even though theyre no longer attached to the foreclosed property.