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I live in a 3 unit condominium, i am the trustee and handle…

Customer Question
Hi I live in...

Hi I live in a 3 unit condominium, i am the trustee and handle bills condos fees etc. One of the unit has not paid her condo fees in years, can i go to courthouse and put a lein on the condo

Lawyer's Assistant: Where is the property located?

Fall river, ma

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ecsept i have no idea how to proceed

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 11 minutes by:
11/29/2017
Real Estate Lawyer: WiseOwl58, Lawyer replied 7 months ago
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,560
Experience: Experienced real estate lawyer and real estate broker.
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Yes, the HOA can put a lien on the property for unpaid dues and fees.

Section 5. 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.

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Customer reply replied 7 months ago
do i go to the courthouse and file paperwork?
Customer reply replied 7 months ago
I ask that question because what you gave me for an answere i dont understand how to proceed
Customer reply replied 7 months ago
what is the HOA?
Customer reply replied 7 months ago
hello can i get an answere to this
Customer reply replied 7 months ago
are you there?
Real Estate Lawyer: WiseOwl58, Lawyer replied 7 months ago

You have to sue them for non-payment, then get a judgment against them. Then you can file the judgment as a judgment lien against the property.

In a civil court case, after a judge or jury hands down a verdict -- or after a court-approved settlement -- a judgment is entered by the court. As part of a typical judgment, the court orders the payment of money from one person to another. But the person who owes the money (the debtor) doesn't always pay up. A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.

What kind of property is subject to a judgment lien under Massachusetts law?

In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

In Massachusetts, a judgment lien can be attached to either real estate or personal property.

How does a creditor go about getting a judgment lien in Massachusetts?

The creditor files the judgment with the registrar of deeds in any Massachusetts county where the debtor has real estate now or may have real estate in the future. For liens on personal property, the creditor files a copy of the judgment with the city or town clerk.

How long does a judgment lien last in Massachusetts?

A judgment lien in Massachusetts will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or 30 days (for liens on personal property).

Where can I look up Massachusetts law on judgment liens?

the relevant statute(s) can be found at Mass. Gen. Laws ch. 223, Sections 42, 59, 63; ch. 260, section 20.

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