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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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I designed a house client. They have decided not build.

Customer Question

I designed a house for a client. They have decided not build. They also are refusing to pay their final invoice for work completed. The property (Land) is being sold, I have been told as soon as today. I would like to place a Lien on the Property before its registered at the Registry of Deeds tomorrow morning.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
There are three basic steps involved in perfecting the lien against the owner's property:
1. File a notice of contract. You must file or record a form with the registry of deeds providing notice of the contract for professional services on the property in question. This notice must be filed within 60 days of the Notice of Substantial Completion (this refers to the Notice of Substantial Completion filed or recorded by the owner and contractor as provided in M.G.L. 254 § 2A) or 90 days of the last professional service performed, whichever is earlier. This notice creates a lien on that property.
2. File a statement of account. You must file a statement that includes the total amount due or to become due under the contract within 30 days of the deadline for recording the Notice of Contract. This statement must include the owner’s name and a description of the property.
3. Take civil action to enforce the lien. You must file a complaint in the District or Superior Court in the county in which the project is located to “perfect” its lien within 90 days after the filing of the statement of account. Thereafter you must record an attested copy of the complaint within 30 days of commencing the lawsuit in the same manner and registry where you recorded the other lien documents.
4. Both the notice of contract and the statement of account must be recorded in the registry of deeds or in the registry district of the land court in the county in which the construction project is located.
The law is at the link above.
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