Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Real Estate Liens . This newly revised publication brings updated resources within your immediate reach-for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the 2023 edition include

  • discussions of liens imposed pursuant to G.L. c. 139, s. 3A (securing the reimbursement of costs incurred in removing or repairing unsafe or vacant properties);

  • a review of the provisions of G.L. c. 244, ss. 35A to 35C, establishing a ninety-day right to cure default; an opportunity to request a loan modification; a codification of Eaton v. Federal National Mortgage Ass'n , 462 Mass. 569 (2012) (requiring that a foreclosing mortgagee be the note holder or the authorized agent of the note holder); and a list of actions by creditors that violate Chapter 244;

  • judicial interpretations of the obsolete mortgage statute;

  • foreclosure limitations imposed during the height of the COVID-19 pandemic;

  • references in mortgages to the statutory power of sale;

  • the standards for allowing additional postponements beyond an initial grant of relief from the automatic stay in bankruptcy;

  • the circumstances under which a statement of account must be recorded for a construction project;

  • the Supreme Judicial Court's determination that condominium associations may establish multiple, contemporaneous liens, each securing a separate six-month period of unpaid assessments and each with priority over all mortgages;

  • a First Circuit opinion addressing a condominium association's attempt to seek protection under the U.S. Bankruptcy Code;

  • potential preemption of state condominium law by federal housing and mortgage financing legislation and a finding by the U.S. District Court for the District of Massachusetts that it was "not apparent" that Massachusetts condominium law would be subject to preemption;

  • a Supreme Judicial Court opinion concluding that statutory deadlines applicable to mechanic's liens (and, by extension, condominium liens) were not tolled by COVID-19-related orders pertaining to court proceedings;

  • the extent to which a law firm representing a condominium association seeking unpaid common expenses may be considered a "debt collector" for purposes of the Fair Debt Collection Practices Act;

  • the issuance of Massachusetts Department of Revenue (DOR) Administrative Procedure 500 (Feb. 7, 2022), which addresses estate taxes and the release of tax liens;

  • a 2020 decision of the Supreme Judicial Court finding that MassHealth is subject to a three-year time limit (essentially a statute of repose) on filing claims for reimbursement of benefits received by the decedent; and

  • the standards applicable to the dissolution of a memorandum of lis pendens.

  We trust you will find this updated version of Massachusetts Real Estate Liens an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Introduction to Liens

Buy Chapter

Susan M. Walsh, Esq., FNF Family of Companies: Fidelity, Commonwealth & Chicago Title Insurance

Chapter 2 expand

An Introduction to Mortgages and Foreclosures

Buy Chapter

Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 3 expand

The Massachusetts Mechanic’s Lien Law

Buy Chapter

John W. DiNicola, II, Esq., DiNicola Law Group, LLC
Edwin L. Hall, Esq., Holland & Knight LLP

Checklist 3.1

- Section 2 Mechanic’s Lien—Direct Contract with Owner Buy Form

Checklist 3.2

- Section 2C Mechanic’s Lien—The Design Professional with a Direct Contract with the Owner Buy Form

Checklist 3.3

- Section 2D Mechanic’s Lien—The Design Professional with a Contract with the Section 2C Design Professional Buy Form

Checklist 3.4

- Section 4 Mechanic’s Lien—Direct Contract with Person Who Has Contract with Owner Buy Form

Checklist 3.5

- Section 4 Mechanic’s Lien—Remote Contract with Someone Who Does Not Have Contract with Owner Buy Form

Checklist 3.6

- Section 1 Mechanic’s Lien—Personal Labor—Wages and Benefits Buy Form

Exhibit 3A

- Notice of Substantial Completion Buy Form

Exhibit 3B

- Notice of Termination Buy Form

Exhibit 3C

- Notice of Contract, G.L. c. 254, § 2D Buy Form

Exhibit 3D

- Notice of Identification Buy Form

Exhibit 3E

- Blanket “No-Lien” Bond Buy Form

Exhibit 3F

- Target Lien Dissolution Bond Buy Form

Exhibit 3G

- Partial Waiver and Subordination of Lien Buy Form

Exhibit 3H

- Notice of Dissolution of Lien Buy Form

Exhibit 3I

- Notice of Contract, G.L. c. 254, § 2 Buy Form

Exhibit 3J

- Statement of Account Buy Form

Exhibit 3K

- Massachusetts Deed Indexing Standards: Document Formatting Standards Buy Form

Exhibit 3L

- Notice of Contract, G.L. c. 254, § 2C Buy Form

Exhibit 3M

- Notice of Contract, G.L. c. 254, § 4 Buy Form

Chapter 4 expand

Condominium Lien Law—Covenants, Obligations, and Enforcement

Buy Chapter

Exhibit 4A

- Notice of Sale Form Required by G.L. c. 254, § 5A Buy Form

Exhibit 4B

- Fannie Mae Selling Guide Announcement SEL-2014-02 (January 14, 2014) Buy Form

Exhibit 4C

- Tessier v. Salem Five Cent Savings Bank Buy Form

Chapter 5 expand

Tax Liens and Liens Arising from Death

Buy Chapter

Exhibit 5A

- Department of Revenue Directive 03-2 Buy Form

Exhibit 5B

- Application for Certificate Releasing Massachusetts Estate Tax Lien, Form M-4422 Buy Form

Exhibit 5C

- Massachusetts Estate Tax Return, Form M-706 Buy Form

Chapter 6 expand

Municipal and Miscellaneous Liens

Buy Chapter

Amanda Zuretti, Esq., Bowditch & Dewey LLP

Exhibit 6A

- Chart Summarizing Revised G.L. c. 61 Buy Form

Chapter 7 expand

Litigation Liens

Buy Chapter

Scott J. Clifford, Esq., Lipsey & Clifford, PC

Exhibit 7A

- Complaint Buy Form

Exhibit 7B

- Sample Motion for Ex Parte Attachment Buy Form

Exhibit 7C

- Sample Affidavit for Ex Parte Attachment Buy Form

Exhibit 7D

- Certificate Relating to Insurance Buy Form

Editor(s)

Author(s)