Massachusetts General Laws ch. 254 sec. 7 – Mortgages; invalidity of subsequent liens
Section 7. (a) No lien under section one shall avail against a mortgage duly registered or recorded unless the work or labor performed is in the erection, alteration, repair or removal of a building, structure, or other improvement to real property which erection, alteration, repair, removal, or improvement was actually begun prior to the recording of the mortgage.
Terms Used In Massachusetts General Laws ch. 254 sec. 7
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) No lien under section two shall avail as against a mortgage duly registered or recorded to the extent of amounts actually advanced or unconditionally committed (i) prior to the filing or recording of the notice of contract, and (ii) after the filing or recording of the notice of contract but within twenty-five days after the last day of the period stated in an accurate duly executed partial waiver and subordination of lien in the form required by section thirty-two, except for the amount of retainage accurately stated in such partial waiver and subordination of lien.
(c) No lien under section four shall avail against a mortgage actually existing and duly registered or recorded to the extent of the amount actually advanced or unconditionally committed prior to the filing or recording in the registry of deeds of the notice required by section four.
(d) No lien under sections 2C or 2D shall avail against a mortgage duly registered or recorded prior to the filing or recording of the notice of contract if and to the extent that such lien relates to professional services performed before such mortgage was registered or recorded. If and to the extent that such lien relates to professional services performed after such mortgage was registered or recorded, such lien shall avail against such mortgage except to the extent of the amount actually advanced or unconditionally committed prior to the filing or recording of the notice of contract.
(e) No lien under sections 2, 2C, 2D or 4 shall avail as against a purchaser, other than the owner or person acting for or on behalf of, or with the consent of such owner who entered into the written contract on which the lien is based, whose deed or other instrument of title was duly registered or recorded prior to the filing or recording of such notices under said sections 2, 2C, 2D or 4.