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Judgment Against Property With Lien In Massachusetts
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Multi-State
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US-0025LTR
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Word;
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FAQ
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).
Yes, you can sell a house with a lien. However, Massachusetts requires all liens to clear before finalizing any property sale. This protects buyers from inheriting previous owners' debts or legal obligations.
Sometimes, however, higher interest rates (up to the usury rate) also dictated by statute can exist on a lien. Technically, there is a statute of limitation on the lien of 20 years which, if expired, may result in the lien being extinguished.
If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date. This means that it is possible to no longer have a judgment against you, but still have a judgment lien on your property.
For the most part, whether a lien is a "property lien" or a "judgment lien" depends on how the creditor got the lien. Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
The Massachusetts mechanic's lien law establishes a system for owners, contractors, and subcontractors to notify each other about the existence of construction contracts. A lien becomes effective when a lien notice is filed on the land records. The law sets three optional deadlines for filing it.
Filing deadlines 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: 60 days after filing of Notice of Completion. 90 days after filing notice of termination.
Massachusetts Tax Liens – Same as federal tax liens, except they expire 10 years and 30 days after the assessment date. See G.L. c. 62C § 50(a) and MA Title Standard No.
