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Can I file a "springing" professional services lien?

Massachusetts

We are a professional services firm supplying services to a real estate developer who has asked us to defer some fees until the closing of permanent financing. Is there precedent for issuing a "springing" lien similar to a "springing" security interest, that becomes effective at some future date if default occurs. This might be acceptable to construction lenders who want property clear of current obligations or other current security interests. Any other suggestions to accomplish similar protection of payment?

2 replies

Oct 25, 2020
I have never heard of a "springing" lien in MA. Normally you would record a Notice of Contract, which would protect your interest in the property and then dissolve it upon payment. You could also have someone record a promissory note for you that is backed by a mortgage. Sincerely, Andrea Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 T: 617-953-3760 agoldman@goldmanlg.com www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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Jan 3, 2022
I've not ever heard of the term "springing" lien in MA. Typically, you'd sign the Notice of Contract, which could protect your rights in the property and dissolve it after payment. It is also possible to have someone make a promissory notes for you, that's backed by an mortgage. Sincerely, AWS Mortgages 15 St Helen's Place | London | EC3A 6DQ T: 44(0)203 488 1541 info@awsmortgages.co.uk https://www.awsmortgages.co.uk/
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