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Can we Lien a property after it has been sold or can we send a lien to the current owners?

MassachusettsMechanics LienRight to Lien

One of the properties we sent an intent to lien to ended up selling their property. Is there anything we can do in this situation? Can we Lien the new property or can we send a lien to the current owners?

1 reply

Jul 2, 2019
That's an interesting question, and Levelset has discussed the topic on a general level here: What Happens If I Filed My Mechanics Lien After the Property Was Sold?

As set out by that article, generally, when a mechanics lien is filed after the sale of the property, a mechanics lien may still be able to attach to the project property as long as the other requirements for the lien claim were still followed. This is because lien claims attach to the underlying project property which was improved, not to the owners themselves. So, regardless of who's at fault for the nonpayment, if a mechanics lien filing is made, that lien attaches to the property, not to any individual or to any business. And, even when the property has changed hands, a claim can often still be made against the property.

All that being said, the normal mechanics lien deadline will apply - so, any lien filed against a new property owner will need to be filed within the earliest of 1) 90 days after a Notice of Substantial Completion is recorded (if applicable); 2) 120 days after a Notice of Termination if recorded (if applicable); 3) 120 days after the claimant last furnished labor or materials.
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