What is a Mechanic’s Lien?
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 10, 2007 in General Bankruptcy Information
Mechanic’s liens are state specific. In Massachusetts they are created by statute. M.G.L. c. 254 § 1 et seq. Title to real estate may be subject to a mechanic’s lien for personal labor performed in the erection, alteration, repair or removal of a building or structure upon that property. Also, contractors performing work under a written contract can obtain a lien under section 2 of the statute and encumber the title to the real estate with a contractor’s lien for labor or for labor and materials. The law of mechanic’s liens has always been complicated, providing for strict time and noticing periods. However, in 1996 the Massachusetts law was amended to make the creation and perfection of mechanics’ liens more understandable for debtor’s and creditors alike.
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