Lein was put on customers house. Agreement of amount to pay was made. I paid in full with a check. Besides contractor not returning a w9 form for taxes ... I have no clue how to remove the lein.
Justin
1 reply
Dec 11, 2018
Massachusetts does not specifically set forth who must cancel the lien if the lien claimant is paid after the recording of the Statement of Account. Practically, however, any payment after the lien is recorded is usually made in consideration of the removal of the lien for the property. Generally, a lien is removed by the claimant after payment is received. If the lien claimant doesn't just automatically release the lien of his own accord, it is usually accomplished by a verbal or written request to do so, coupled with providing a completed lien release document for the claimant to sign and have filed. Massachusetts provides that "The lien of any person may, so far as his interest is concerned, be dissolved by a notice signed by him, stating that his lien is dissolved, filed in the registry of deeds where the notice of the contract is filed under which contract the lien is claimed."
If the claimant cannot be contacted, or otherwise refuses to release the lien, the lien may be released/removed by other methods since, after payment, the lien is no longer enforceable.
When a claimant does not release the lien, an interested party may petition the court to have the lien released. And, "[i]f it appears to the court that no person is entitled to a lien, or that every lien has been discharged by payment thereof, judgment shall be entered to the effect that the lien is dissolved, and a certificate to that effect shall be sent forthwith by the clerk to the register of deeds."