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Putting a lein on a property Massachusetts

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  • Putting a lein on a property Massachusetts

    Hello,

    I live in a duplex. A one house type which is considered a "condo assoc" My proplem is with my neighbor who has not paid for the house insurance, dp3, policy. I believe he is being foreclosed on, and I would like to put a lein on the property for the monies due me. I have made all payments. My question is, how do I go about doing that? We are not talking a lot of money so lawyer involvement doest seem to make sense. any advise would be appreciated.

  • #2
    To get a lien on someone's real estate, you generally have to sue them and get a judgment. (There are, of course, other ways but those don't really apply to you.)

    But tell me, why do you think you should get a lien on someone else's property?

    Do you own the duplex? If so, just go buy insurance for the place.

    In any event, tell us what you are talking about.
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin

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    • #3
      If your neighbor is being foreclosed on, and assuming you are able to file a lien (without a judgment under some obscure legislation - which is very doubtful), you are going to be so far down the list of creditors that it would not be worth your time or effort.

      Steve @ www.buyingahouseandsavingmoney.com

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      • #4
        lein

        Judge,

        No I do not own the property it is considered a condo. of which I own 1 unit and the other person the other..my proplem is the unit was sold,closed on 5/1/2006 I have never seen the new owners,They never moved in, only a real estate rep. I believe a lein is the only way in which I have the best chance to recoup my monies,roughly 1100.00. Insurance is required for the external building which is shared by both occupants. Steve. I am also assuming the property could not be sold or bought until all leins are cleared. Is that not right?. What I get from the both of you is I need a judgement, which I can file in small claims court, to get a judgement, and then I would be able to put a lein on the property.

        Thanks again for your time

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        • #5
          Since you are a condo - do you have by-laws?

          Typically bylaws will allow a condo association to lien a property without judgment for non-payment of condo fees etc. and usually exterior insurance if required by the association.

          If the condo owner disputed the lien then the lien can be challenged and the condo association has to justify filing the lien.

          I think that is your best hope right now -but I am not sure if you have much structure since you are a condo or two units.

          Suing might be too late since the condo has already exchanged hands. You judgment would be personal judgment against the previous owner and not a lien or jugdment that you could now file against the condo.

          When you buy a property that has liens attached to it, you take ownership subject to the rights of the lienholders. Filing a lien in itself does not prevent the transfer of title (in most cases) but the mere fact that a property has been liened is usually enough to deter buyers.

          Steve @ www.buyingahouseandsavingmoney.com

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          • #6
            Back to the original ?

            Steve

            How does one go about filing the lien. There is stipulations in the condo doc's. But what is the process if you have time to explain it.

            Thank you.

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            • #7
              Go to www.buyingahouseandsavingmoney.com at the bottom of the home page there is a link to ask our staff questions. Scan and attach a copy of the relevant portion of your by-laws and we will see if we can help you.

              Steve @ www.buyingahouseandsavingmoney.com

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