If contractors and suppliers don’t get paid on a construction project in Massachusetts, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. These are the rules, requirements, and deadlines you need to follow to file an Massachusetts mechanics lien.
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General contractors in Massachusetts are not required to send preliminary notice to retain mechanics lien rights.
Mechanics Liens Deadlines for GCs 60/90/120 daysMassachusetts general contractors must file two documents to properly record a mechanics lien. They must record a Notice of Contract the earlier date of (a) 60 days after filing notice of substantial completion, (b) 90 days after filing notice of termination, or (c) 90 days after last furnishing labor or materials to project.
In addition, they must record a Statement of Account the earlier date of (a) 90 days after filing notice of substantial completion, (b) 120 days after filing notice of termination, or (c) 120 days after last furnishing labor or materials to project.
Lien Enforcement DeadlinesIn Massachusetts, a lien claimant is required to initiate the enforcement of the lien within 90 days of filing the Statement of Account.
Additionally, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the Registry of Deeds.
Preliminary Notice Deadlines for SubcontractorsSub-Subs or suppliers to subcontractors must provide a Notice of Identification to the prime contractor within 30 days of commencing work in Massachusetts.
Subcontractors and other sub-tier parties in Massachusetts must record a Notice of Subcontract the earlier date of the earlier date of (a) 60 days after a notice of substantial completion is filed, (b) 90 days after a notice of termination is filed, or (c) 90 days after last furnishing labor or materials to project.
In addition, they must record a Statement of Account the earlier date of (a) 90 days after notice of substantial completion, (b) 120 days after notice of termination, or (c) 120 days after last furnishing labor or materials to project.
Lien Enforcement DeadlinesIn Massachusetts, a lien claimant is required to initiate the enforcement of the lien within 90 days of filing the Statement of Account.
Additionally, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the Registry of Deeds.
Preliminary Notice Deadlines for SuppliersSuppliers to subcontractors must provide a Notice of Identification to prime contractor within 30 days of commencing work in Massachusetts.
Material suppliers and other sub-tier parties in Massachusetts must record a Notice of Subcontract the earlier date of:the earlier date of (a) 60 days after a notice of substantial completion is filed, (b) 90 days after a notice of termination is filed, or (c) 90 days after last furnishing labor or materials to project.
In addition, they must record a Statement of Account the earlier date of (a) 90 days after a notice of substantial completion is filed, (b) 120 days after a notice of termination is filed, or (c) 120 days after last furnishing labor or materials to project.
Lien Enforcement DeadlinesIn Massachusetts, a lien claimant is required to initiate the enforcement of the lien within 90 days of filing the Statement of Account.
Additionally, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the Registry of Deeds.
TopicContractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on Massachusetts construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts.
In Massachusetts, any party who furnishes labor or materials to the construction, alteration, repair, or removal of a structure on land, or the land itself is entitled to mechanics lien rights. But this is limited to those who contracted directly with the property owner, the general contractor, or a 1st-tier subcontractor.
Design professionals (including, but not necessarily limited to architects, landscape architects, engineers, licensed site professionals and licensed land surveyors) also have the right to lien in Massachusetts.
Suppliers to suppliers, parties on a lower tier than sub-subcontractors, and sellers of tools and equipment are not entitled to mechanics lien protection in Massachusetts.
Massachusetts does not have specific requirements that a mechanics lien claimant be licensed in order to claim a mechanics lien.
However, it’s never a good idea to perform work that requires a license without one. Furthermore, a party who is required to be licensed by the state in order to do the work that he or she is performing, may be penalized for failing to meet those requirements.
In Massachusetts, a mechanics lien, called a Statement of Account, must be filed by the earliest of either:
• 90 days after the recording of the Notice of Substantial Completion;
• 120 days after the recording of the Notice of Termination; or
• 120 days after the lien claimant last furnished labor or materials to the project..
The lien is allowed to be filed prior to the filing of a Notice of Substantial Completion or Notice of Termination.
The requirements for a Massachusetts statement of account (mechanics lien) is governed by MGL ch, 254§8, and should contain all of the following information:
• Claimant’s name & address
• Owner’s name & address (as they appear in the notice of contract/subcontract)
• Description of labor and/or materials provided
• Notice of Contract/Subcontract recording information (if filed prior to the Statement of Account)
No. Massachusetts requires that the Statement of Account merely contain a “brief description of the property.”
This has been determined to be a description sufficient to “enable one who is familiar with the locality to identify the land with reasonable certainty.” However, the more accurate the description the better.
No. Interest and attorney’s fees are not allowed to be included in the total lien amount in MA; see: Nat’l Lumber Co v. United Cas. & Sur., Ins. Co.
It is not clear whether general overhead, profit, and delay damages are recoverable. However, the vast majority of mechanics lien laws do not allow this type of recovery.
Not necessarily. Massachusetts law was amended in 1996, and the language stating that a Statement of Account was required to be “signed and sworn to” was removed in favor of the simple requirement that a “just and true” statement be filed in the registry of deeds in the county or district in which the land lies. However, a notice or other instrument permitted or required to be filed “shall be entitled to be recorded or filed” if notarized.
Further, the registry of deeds may have internal procedures that result in the rejection of non-notarized documents. Therefore, it is likely best practice to have Massachusetts liens notarized.
Massachusetts mechanics liens are documents recorded in the registry of deeds office. For your mechanics lien to be valid, you must record it in the office of the county where the job is physically located. Massachusetts has a fair amount of counties, and each with their own specific rules and requirements.
To help you we’ve compiled a list of all the registry of deeds offices in Massachusetts that file mechanics liens, along with the fees, filing, and formatting requirements.
A Massachusetts mechanics lien must be in the proper format and filed in the county registry of deeds office where the property is located within the required timeframe.
It depends. General contractors are not specifically required to serve the lien on the property owner, but it may be best practice to do so.
All parties who do not have a direct contract with the property owner must serve a copy of the lien on the property owner. To accomplish this, it is sufficient to send a copy of the lien to the property owner by certified mail, return receipt requested.
Yes, a mechanics lien may be filed against individual units on projects involving a condominium, provided the lien claimant would otherwise have valid mechanics lien rights.
However, Massachusetts specifically does not allow liens to be filed against common areas under the Condominium statute. The reasoning being that there is no separate interest in common areas and facilities apart from the individual condo units, and therefore, have no interest that could be conveyed to a hypothetical purchaser to satisfy the lien. (see: Michael Shea Co., Inc. v. Chellis)
In Massachusetts, a lien claimant is required to initiate the enforcement of the lien within 90 days of filing the Statement of Account. Further, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the Registry of Deeds.
It depends. If a subcontractor gives a timely Notice of Identification, then the claimant will be entitled to the full amount owed. However, if such notice is not given, then the claim will be limited to the unpaid balance due or to become due on the original contract.
It’s complicated, but it generally won’t. A mechanics lien for personal labor does not have priority over a mortgage unless the work was actually started prior to the recording of the mortgage. A general contractor’s mechanics lien only has priority over a mortgage to the extent that the Notice of Contract was recorded prior to the mortgage funds being advanced – subject to other conditions.
Other mechanics liens would only have priority over a mortgage or other encumbrance that was not recorded at the time the Notice of Contract was recorded. These rules are very complex.
As between competing mechanics liens, if there are not enough funds to cover all claims in a foreclosure action, the proceeds are distributed on a pro-rata basis.
Massachusetts does not specifically set forth who must cancel the lien if the lien claimant is paid after the recording of the Statement of Account. Practically, however, any payment at that time is generally in consideration of the removal of the lien for the property.
Yes. As long as its arguably the same contract and not some other contract, area or phase. Additionally, as long as its not warranty work. Make sure the work is documented. Call me at 6173426889 if you need help. Thank you
Answered by David McGlone | Attorney https://www.levelset.com/payment-help/question/i-need-to-edit-my-mechanics-lien/Go to masslandrecords.com and choose the county where your lien is. Type in your business name and it should come up. Choose "view images."
Answered by Andrea Goldman | Founding PartnerMassachusetts law sets forth specific requirements that unpaid construction parties must follow in order to file a mechanics lien claim.
Project participants that furnish labor and or materials to the construction, alteration, repair, or removal of a structure on land, or the land itself are generally entitled to Massachusetts mechanics lien protection. This includes general contractors, subcontractors, professional services, and parties providing material or rental equipment.
Suppliers to suppliers and parties more remote than sub-subcontractors (sub-sub-subcontractors and suppliers to sub-subs) do not have mechanics lien rights.
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. Failure to give the notice limits the party’s lien claim to the amount due to the 1st tier subcontractor at the time the lien claimant files the Notice of Contract.
Massachusetts mechanics liens require two filings:
The two parts of the Massachusetts mechanics lien have different deadlines. The Notice of Contract (or Subcontract) must be recorded be the earlier of 3 dates:
The Statement of Account must be filed by the earliest of:
It is worth noting that Massachusetts allows claimants to file a lien prior to the filing of a Notice of Substantial Completion or Notice of Termination.
Filing a Massachusetts mechanics lien is a 2-step process; each step has its own language and formatting requirements.
Notice of Contract
This notice is for use by direct contractors – those who have a contract with the property owner.
The form must contain:
Notice of Subcontract
This notice is for use by any party without a direct contract with the property owner. The form must contain:
Statement of Account
While not specifically mentioned, it is a good practice to include the name and address of the claimant, and the labor or material furnished to the property, as well.
Massachusetts claimants must record each form with the recorder’s office in the county where the property is located. While the deadlines for each form are different, they can be filed at the same time.
Parties not in direct contact with the property owner are required to send the property owner a copy of the Massachusetts lien claim after it has been recorded. It can be sent via certified mail with return receipt requested. General contractors are not required to send the property owner a copy of the lien, but it is generally a good idea to do so in an effort to facilitate payment.
In Massachusetts, a lien claimant is required to initiate an action to enforce the lien within 90 days of filing the Statement of Account. Further, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the registry of deeds. If both of these actions are not taken within the mandated time, the lien will be rendered invalid.
In our Guide to Filing a Massachusetts Mechanics Lien, we will show you each step required to qualify for and file a mechanics lien in Massachusetts. We’ll walk you through the notices you need to send, the information required on the Massachusetts forms, and essential tips about delivering the forms to the county recorder’s office.
Massachusetts has multiple form requirements for properly recording a mechanics lien. While the Massachusetts Statement of Account form is the final step to record your lien claim, parties will need to complete and file a Notice of Contract or Notice of Subcontract in advance.
This part can get tricky; making a mistake on the form could cause a Massachusetts lien claim to be invalid. All of the information about the project, parties, and claim amount must be 100% accurate. Review every detail carefully.
File your completed Statement of Account form with the recorder’s office in the county where the property is located, and pay the recording fee. View a full list of Massachusetts recorder’s offices to find contact information, fees, and filing requirements.
The deadline to enforce a mechanics lien in Massachusetts is short: only 90 days. If you are having trouble getting paid and need to foreclose on the lien, you’ll need to do so within this deadline window.
When you perform work on a private construction project in Massachusetts, and are not paid, you can file a lien against the project pursuant to Massachusetts’ Mechanics Lien Statute. Massachusetts’ lien laws are codified in M.G.L. c. 254, and are reproduced below. Updated as of May 2023.
A person to whom a debt is due for personal labor performed in the erection, alteration, repair or removal of a building or structure upon land or improvement or alteration to real property, by virtue of an agreement with, or by consent of, the owner of such building or structure, or of a person having authority from or rightfully acting for such owner in procuring or furnishing such labor, shall, under the provisions of this chapter, other than section four, have a lien upon such building or structure and upon such interest in such real property, land, building, structure, or improvement owned by the party authorizing or consenting to said work, for not more than thirty days’ work actually performed for the ninety days next prior to his filing a statement as provided in section eight.
A person or his assignee, agent, authorized representative or third party beneficiary, to whom amounts are due or for whose benefit amounts are computed and due for, or on the basis of, the personal labor of such person, may file a lien to secure the payment of such unpaid amounts including interest and agreed penalties for failure to pay the same.
A person entering into a written contract with the owner of any interest in real property, or with any person acting for, on behalf of, or with the consent of such owner for the whole or part of the erection, alteration, repair or removal of a building, structure, or other improvement to real property, or for furnishing material or rental equipment, appliances, or tools therefor, shall have a lien upon such real property, land, building, structure or improvement owned by the party with whom or on behalf of whom the contract was entered into, as appears of record on the date when notice of said contract is filed or recorded in the registry of deeds for the county or district where such land lies, to secure the payment of all labor, including construction management and general contractor services, and material or rental equipment, appliances, or tools which shall be furnished by virtue of said contract. Said notice may be filed or recorded in the registry of deeds in the county or registry district where the land lies by any person entitled under this section to enforce a lien, and shall be in substantially the following form:
Notice is hereby given that by virtue of a written contract dated _________, between _________, owner, and __________, contractor, said contractor is to furnish or has furnished labor and material or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building, structure, or other improvement on a lot of land or other interest in real property described as follows:
Such person may file or record the notice of contract at any time after execution of the written contract whether or not the date for performance stated in such written contract has passed and whether or not the work under such written contract has been performed, but not later than the earliest of: (i) sixty days after filing or recording of the notice of substantial completion under section two A; or (ii) ninety days after filing or recording of the notice of termination under section two B; or (iii) ninety days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.
As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning:-
“Design professional”, an architect, landscape architect, professional engineer, licensed site professional or land surveyor who is licensed or registered as such in the commonwealth, and any corporation, partnership, limited liability company, or other legal entity that is authorized under the laws of the commonwealth to practice or hold itself out as practicing any of the foregoing professions.
“Professional services”, services that are customarily and legally performed by or under the supervision or responsible control of design professionals in the course of their professional practice, including without limitation, programming, planning, surveying, site investigation, analysis, assessment, design, preparation of drawings and specifications and construction administration services.
“Substantial completion”, that work under the written contract is sufficiently complete so that it can be occupied or utilized for its intended use.
“Written contract”, any written contract enforceable under the laws of the commonwealth.
Upon or after substantial completion of any contract subject to the provisions of section two, the owner and contractor shall execute and file or record in the appropriate registry of deeds a notice of substantial completion in substantially the following form:
Notice is hereby given that the work performed by virtue of a written contract dated __________ between ______________________ as owner, and __________ __________ as contractor, for the erection, alteration, repair or removal of a building, structure, or other improvement of real property described below, has been substantially completed as of the date of filing or recording of this notice. The lot of land or other interest in real property which is the subject of such contract is described as follows:
The undersigned owner hereby states that he has served written notice of the recording or filing of this notice of substantial completion upon every person who has filed or recorded prior to the date this notice is filed or recorded notice of contract under section four of chapter two hundred and fifty-four of the General Laws.
The undersigned contractor hereby states that he has served written notice of the recording or filing of this notice of substantial completion upon every person who has entered into a written contract directly with the contractor or who has given written notice of identification to the contractor prior to the date this notice is filed or recorded as provided in said section four of said chapter two hundred and fifty-four of the General Laws.
A copy of such notice, indicating the date of filing or recording, shall be mailed by certified mail return receipt requested by the owner to every person who has filed a notice of contract under section four and by the contractor to every person who has entered into a written contract directly with the contractor and every person who has given written notice of identification to the contractor claiming by, through, or under him as provided in section four.
The failure of the owner or contractor to give notice of the filing or recording of the notice of substantial completion to those persons so entitled shall not prejudice the rights of third parties who rely upon said notice of substantial completion in good faith and without actual knowledge of such failure of notice.
If, prior to the filing or recording in the registry of deeds and delivery of the copies of the notice of substantial completion described in section two A, any contract subject to the provisions of section two shall have been terminated, the owner shall execute and file or record in the appropriate registry of deeds a notice of termination in substantially the following form:
Notice is hereby given that a written contract dated __________ between __________ as Owner and __________ as Contractor for the erection, alteration, repair or removal of a building, structure or other improvement of real property described below, has been terminated. The lot of land or other interest in real property which is the subject of such contract is described as follows:
The undersigned owner hereby states that he has served written notice of the recording or filing of this notice of termination upon the contractor and every person who has filed or recorded prior to this date a notice of contract under section four of chapter two hundred and fifty-four of the General Laws.
A copy of such notice, indicating the date of filing or recording, shall be mailed by certified mail return receipt requested by the owner to every person who has filed or recorded a notice of contract under section four and to the contractor. Upon receipt of such notice from the owner, the contractor shall deliver a copy of such notice to every person who has entered into a written contract directly with the contractor or who has given to the contractor written notice of identification in accordance with said section four.
The failure of the owner or contractor to give notice of the filing or recording of the notice of termination to those persons so entitled shall not prejudice the rights of third parties who rely upon said notice of termination in good faith and without actual knowledge of such failure of notice.
A design professional entering into a written contract with the owner of any interest in real property or with any person acting for, on behalf of, or with the consent of such owner, for the provision of professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure, or other improvement to real property, shall have a lien upon such real property, land, building, structure or improvement owned by the party with whom, on behalf of whom or with the consent of whom the contract was entered into, as appears of record on the date when notice of said contract is filed or recorded in the registry of deeds for the county or district where such land lies, to secure the payment of all amounts due or to become due to the design professional under such contract. Said notice shall be in substantially the following form:
Notice is hereby given that by virtue of a written contract dated __________, between __________, owner, and __________, design professional, said design professional is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows:
Such design professional may file or record the notice of contract at any time after the execution of the written contract whether or not the professional services under such written contract have been commenced or completed, and whether or not the erection, alteration, repair or removal of the building, structure or other improvement to which such professional services relate has been, or is ever, commenced or completed, but not later than the earlier of: (i) 60 days after filing or recording of the notice of substantial completion under section 2A; or (ii) 90 days after such design professional or any person by, through or under him, last performed professional services.
Any person who furnishes professional services under a written subcontract with a design professional who is entitled to enforce a lien under section 2C and whose engagement has been approved in writing by or on behalf of the owner of the interest in land to which lien relates, may file or record in the registry of deeds for the county or district where such land lies a notice of his contract in substantially the following form:
Notice is hereby given that by virtue of a written subcontract dated __________, between __________, design professional, and __________, said __________ is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows, which services are a portion of the services furnished or to be furnished by said design professional under a written original contract with __________, owner:
As of the time of this notice, an account of said subcontract is as follows:
1. estimated or agreed contract price: _______________
2. approved extra or additional services: _______________
3. payments received: __________
The regular mailing address of the subcontract party recording or filing this notice is as follows: _________________________.
Such notice of contract may be filed or recorded at any time after the execution of the written subcontract whether or not the professional services under such written subcontract have been commenced or completed, and whether or not the construction, alteration, repair or removal of the building, structure or other improvement to which such professional services relate has been, or is ever, commenced or completed, but not later than the earlier of: (i) 60 days after filing or recording of the notice of substantial completion under section 2A; or (ii) 90 days after the last day a design professional who is entitled to enforce a lien under section 2 or section 2C or any person claiming by, through or under him performed professional services for the project.
Upon filing or recording a notice and giving actual notice of such filing to the owner, the person filing such notice shall have a lien upon the property, land, building, structure or improvement owned by the party who entered into the original contract as appears of record at the time of such filing, to secure the payment of all amounts due or to become due to such person under his subcontract, regardless of the amount stated in the notice of contract. Such lien shall not exceed the amount due or to become due under the original contract as of the date actual notice of filing was given to the owner as hereinabove provided.
Whoever furnishes labor, including subcontractor construction management services, or who furnishes material, or both labor and material, or furnishes rental equipment, appliances or tools, or who performs professional services, under a written contract with a contractor, or with a subcontractor of such contractor, may file or record in the registry of deeds for the county or district where such land lies a notice of his contract substantially in the following form:
Notice is hereby given that by virtue of a written contract dated __________, between __________ __________ contractor (or subcontractor) and __________ said __________ is to furnish or has furnished labor or material, or both labor and material, or is to furnish or has furnished rental equipment, appliances or tools, or is to perform or has performed professional services, in the erection, alteration, repair or removal of a building, structure or other improvement of real property by __________, contractor, for __________, owner, on a lot of land or other interest in real property described as follows:
As of the date of this notice, an account of said contract is as follows:
The regular mailing address of the party recording or filing this notice is as follows: _________________________.
Such person may file or record the notice of contract at any time after execution of the written contract whether or not the date for performance stated in such written contract has passed and whether or not the work under such contract has been performed, but not later than the earliest of: (i) sixty days after filing or recording the notice of substantial completion under section two A; or (ii) ninety days after filing or recording of the notice of termination under section two B; or (iii) ninety days after the last day a person entitled to enforce a lien under section two or anyone claiming by, through or under him performed or furnished labor or materials or both labor and materials to the project or furnished rental equipment, appliances or tools, or performed professional services.
Such notice may also be filed by a person or his assignee, agent, authorized representative or third party beneficiary to whom amounts are due or for whose benefit amounts are computed and due for or on the basis of the labor of that person performing labor under a written contract with a contractor, or with a subcontractor of such contractor and the person filing such notice shall not be required to itemize the amount of the contract, the amount of pending changes in the contract, the amount of outstanding claims or the amount paid in such notice.
Upon filing or recording a notice, as hereinbefore provided, and giving actual notice to the owner of such filing, the subcontractor shall have a lien upon such real property, land, building, structure or improvement owned by the party who entered into the original contract as appears of record at the time of such filing, to secure the payment of all labor and material and rental equipment, appliances or tools or professional services which he is to furnish or has furnished for the building or structure or other improvement, regardless of the amount stated in the notice of contract. Such lien shall not exceed the amount due or to become due under the original contract as of the date notice of the filing of the subcontract is given by the subcontractor to the owner.
If the person claiming a lien under this section has no direct contractual relationship with the original contractor, except for liens for labor by persons defined in section one of this chapter, the amount of such lien shall not exceed the amount due or to become due under the subcontract between the original contractor and the subcontractor whose work includes the work of the person claiming the lien as of the date such person files his notice of contract, unless the person claiming such lien has, within thirty days of commencement of his performance, given written notice of identification by certified mail return receipt requested to the original contractor in substantially the following form:
Notice is hereby given to __________, as contractor, that __________, as subcontractor/vendor/design professional, has entered into a written contract with __________ to furnish labor or materials, or labor and materials, or rental equipment, appliances or tools to, or to perform professional services for a certain construction project located at __________ (Street Address), ____________________ (Town or City), Massachusetts. The amount or estimated amount of said contract is $__________. (No amount need be stated for contracts for the rental of equipment, appliances or tools).
The amount stated in any such notice of identification shall not limit the amount of the lien. Any inaccuracy in the naming of the contractor or other information in such notice shall not affect its validity provided there shall be actual notice.
A lien upon land for the erection, alteration, repair or removal of a building or other structure or other improvement of real property or for professional services relating thereto or a lien established under section seventy-six of chapter sixty-three, or section 6 of chapter 183A shall be enforced by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies. The plaintiff shall bring his action in his own behalf and in behalf of all other persons in interest who shall become parties. An attested copy of the complaint, which shall contain a brief description of the property sufficient to identify it, and a statement of the amount due, shall be filed in the registry of deeds and recorded as provided in section nine within thirty days of the commencement of the action, or such lien shall be dissolved. All other parties in interest may appear and have their rights determined in such action, and at any time before entry of final judgment, upon the suggestion of any party in interest that any other person is or may be interested in the action, or of its own motion, the court may summon such person to appear in such cause on or before a day certain or be forever barred from any rights thereunder. The court may in its discretion provide for notice to absent parties in interest. The terms “party in interest” and “person in interest”, as used in this chapter, shall include mortgages and attaching creditors.
When the amount of a lien under section six of chapter 183A or under section 29 of chapter 183B has been established by a court, the court shall enter an order authorizing the sale of the real estate to satisfy such lien. The lienor may do all acts authorized by such order, but no sale pursuant to such order shall be effectual unless, previous to such sale, notice thereof has been published once in each of three successive weeks, the first publication to appear not less than twenty-one days before the date of such sale, in a newspaper published in the town where the land lies or, if no newspaper is published in such town, in a newspaper published in the county where the land lies, and this provision shall be implied in every court order for sale hereunder in which it is not expressly set forth. A newspaper which by its title page purports to be printed or published in such town, city or county, and having a circulation therein, shall be sufficient for the purpose.
For a lien under chapter 183A, such form shall be printed in substantially the following form:
By virtue of a Judgment and Order of the __________________ Court (docket no. __________) in favor of ________________ against ________________ establishing a lien pursuant to GLM 183A:6 on the real estate known as Unit ______________________ of the ____________ Condominium for the purpose of satisfying such lien, the real estate will be sold at Public Auction at ______ o’clock __. M. on the ____________ day of ________ A.D. (insert year) at _____________________. The premises to be sold are more particularly described as follows:
Description: (Describe premises exactly as in the deed, including all references to title, restrictions, encumbrances, etc.)
Terms of sale: (State the amount, if any, to be paid in cash by the purchaser at the time and place of the sale, and the time or times for payment of the balance or the whole as the case may be.)
Other terms to be announced at the sale.
____________ (insert year)
For a lien under chapter 183B, such form shall be printed in substantially the following form:
By virtue of a Judgment and Order of the ______ Court (docket no, ______) in favor of ______ against ______ establishing a lien pursuant to GLM 183B:29 on the time-share known as ______ of the ______ for the purpose of satisfying such lien, the time-share will be sold at Public Auction at ____ o’clock __.M. on the ______ day of ______ A.D. 19__ at ________________________. The premises to be sold are more particularly described as follows:
Description: (Describe premises exactly as in the deed, including all references to title, restrictions, encumbrances, etc.)
Terms of sale: (State the amount, if any, to be paid in cash by the purchaser at the time and place of the sale, and the time or times for payment of the balance or the whole as the case may be.)
Other terms to be announced at the sale.
Such notice of sale in the above form, published in accordance with the provisions of this section, together with such other or further notice, if any, required by the court, shall be deemed a sufficient notice of the sale and the premises shall be deemed to have been sold, and the deed thereunder shall convey the premises, subject to, and with the benefit of, all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, and first mortgages recorded prior to the recording of the complaint, whether or not reference to such restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, or first mortgages is made in the deed; but no purchaser at such sale shall be bound to complete the purchase if there are encumbrances, other than those included in the notice of the sale, which are not stated at the sale and included in the auctioneer’s contract with the purchaser. Notwithstanding the foregoing, the premises shall be deemed to have been sold, and the deed thereunder shall convey the premises, as otherwise provided above but free of said first mortgages, if as of the date of such sale there are unpaid common expense assessments, costs, or reasonable attorneys’ fees the lien for which is given priority over said first mortgages in subsection (c) of section six of chapter one hundred and eighty-three A. Any sale pursuant to this section shall convey the premises free of any right of redemption.
The person or entity selling, or their attorney, may cause a copy of the notice and an affidavit, stating that the requirements of the court order and of this section have been complied with, to be recorded with a note of reference thereto on the margin of the record of the complaint previously recorded, and such affidavit or a certified copy of the record thereof shall be admitted as evidence that the sale was duly executed.
For the purposes of this section, the term “recorded” shall mean recorded in the registry of deeds or land registration office for the county or district where the land lies.
No lien shall attach to any land, building or structure thereon owned by the commonwealth, or by a county, city, town, water or fire district.
