A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Massachusetts, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors, subcontractors, or suppliers can file against a property where they have provided labor or materials but have not been paid. To perfect a mechanic's lien in Massachusetts, the party must follow specific procedures, including recording a Notice of Contract at the Registry of Deeds and subsequently filing a Statement of Account within certain time frames. Homeowners' associations (HOAs) may also place liens on properties for unpaid dues or assessments. These liens are typically governed by the HOA's governing documents and state law, which outline the process for placing and enforcing such liens. It's important to note that the process for enforcing liens can involve legal action and may ultimately lead to foreclosure if the debt remains unpaid. Massachusetts law provides specific statutes that address the creation, recording, and enforcement of various types of liens on real property.