Massachusetts Lien: A Complete Guide to Liens in the State

A lien is a legal claim placed on property to secure repayment of a debt or obligation. Once recorded, a lien provides creditors enforceable rights and prevents property owners from selling, refinancing, or transferring ownership until it is resolved. Since lien laws differ across states, understanding Massachusetts’s rules is essential.

What Is a Lien in Massachusetts?

In Massachusetts, a lien is a legal claim or right against a property that serves as security for debt or obligation. This is outlined under Chapter 254 of the Massachusetts General Laws and states the conditions in which a lien is relevant. Liens may attach to real property (homes, land, or commercial buildings) or personal property (vehicles, equipment, or other assets). Once recorded, liens become part of the public record, putting buyers, lenders, and title companies on notice of financial obligations tied to a property.

Liens may prevent refinancing or sales for property owners until they are satisfied. Buyers are required to perform lien searches as an essential part of conducting due diligence. On the other hand, creditors may use liens as legal remedies to secure repayment.

Types of Liens in Massachusetts

There are several categories of liens that are filed in Massachusetts.A number of cities and towns file Property Tax Liens when property taxes go unpaid. These types of liens are treated with high priority and may lead to tax takings or foreclosures.

Another type of lien are Mechanic’s Liens, these are often filed by subcontractors and suppliers to secure payment for unpaid work or materials. In Massachusetts, these types of liens are filed following strict procedures, and they require compliance.

Also, certain liens are attached to real estate until they are satisfied. This typically happens when a creditor obtains a court judgment and records it against a debtor's property. They are known as Judgment Liens.

Financial institutions and non-mortgage bank lenders may place liens on properties when financing them. These types of liens are called mortgage liens and remain on the property until the debts have been satisfied and a discharge is recorded. The Internal Revenue Service (IRS) or Massachusetts Department of Revenue (DOR) tax liens are filed to collect both federal and state taxes as applicable.They are also attached to both real estate and personal property.

In Massachusetts, homeowners’ associations and municipalities enforce HOA or Municipal Utility Liensto collect dues. These range from unpaid assessments and overdue utilities to code violation fees.

How to Search for Liens in Massachusetts

In Massachusetts, lien records are considered public documents, and individuals may obtain these records via the following ways:

• Registry of Deeds Offices: Each Massachusetts county or district maintains property and lien records. Interested persons are required to provide important details such as the name of the property owner, address, or parcel ID to access records.
• Massachusetts Land Records Portal (Masslandrecords.com): This portal provides online access to deed and lien records from local registries throughout the state.
• Massachusetts Trial Court Case Access portal: Judgment liens are available through the state’s online court record system.
• Title Companies and Third-Party Services: These services are used in real estate transactions to conduct full lien searches.

Lien records include the name of the lienholder, debt amount, recording date, and property description.

Lien Records in Major Massachusetts Cities

In Massachusetts, lien records are managed by county registries rather than by city offices. The public may find lien records in any of the following major counties in Massachusetts:

• Boston (Suffolk County): The Suffolk Registry of Deeds manages lien and property records with online access available.
• Worcester (Worcester County): Lien records are available through the Worcester County Registry of Deeds.
• Springfield (Hampden County): The Hampden County Registry of Deeds maintains lien and property-related filings.
• Cambridge (Middlesex County): The Middlesex South Registry of Deeds provides online and in-person lien searches.
• Lowell (Middlesex County): Lien records are maintained by the Middlesex North Registry of Deeds.

Each registry may charge fees for certified copies or advanced online inquiry for lien records.

How Long Does a Lien Stay on Property in Massachusetts?

In Massachusetts, the duration of liens on a property depends on the type of lien:

• Property Tax Liens: They remain on the property until taxes are paid off or the municipality initiates a foreclosure on the property. Although, the property owner retains a right of redemption. This means they are allowed to reclaim the property when debts are settled.
• Mechanic’s Liens: They are enforced within 90 days of filing a statement of account unless extended by court action.
• Judgment Liens: Under Massachusetts law, they are valid for 20 years, which constitutes one of the longest periods in the U.S.
• Mortgage Liens: Until the mortgage loan is satisfied and a discharge is recorded, mortgage liens apply to such property.
• Tax Liens (IRS/State): Federal liens have a duration of 10 years, while state liens follow Massachusetts collection statutes.

Unreleased liens may remain in the public record even after payment, creating title complications.

How to Remove a Lien in Massachusetts

In Massachusetts, removing a lien in most cases requires resolving the debt or challenging the lien. Common approaches to removing a lien from a property include:

1. Paying the Debt in Full: Once satisfied, the lienholder is required by law to issue a discharge or release. This is filed with the registry of deeds.
2. Negotiating a Settlement: Creditors may agree on certain terms to reduce repayment; this is followed by recording a release.
3. Court Petition: Property owners may seek removal of fraudulent, invalid, or improperly filed liens through Maryland Circuit Courts.
4. Recording a Discharge or Release: Property owners may need to ensure the lienholder records the release with the registry of deeds to clear the title.

Without a recorded release, liens may remain active in the records even after debts are paid.

In Massachusetts, liens are a critical part of property law, protecting creditors while requiring property owners to fulfill their obligations. Understanding the types of liens in Massachusetts, methods for locating them, periods of effectiveness, and how to remove them are essential for buyers, sellers, and lenders.

Although Massachusetts has strict statutory deadlines and operates a county-based registry system, working with a registry of deeds, a title company, or an attorney helps ensure liens are handled as required by law.With the appropriate steps, property owners can resolve liens and maintain clear property titles in Massachusetts.