Legal Question in Real Estate Law in Massachusetts
Appealing an approval of Attachment
A court decision in Nantucket Superior Court was made on August 9, 2004 to place a lien on our property for $20,000. The plaintiff last performed work on our cottage on October 30, 2003. They removed themselves without our consent from the project on November 17, 2003. A Notice of Contract was filed with the Registry of Deeds on February 11, 2004. We were never provided ''actual notice'', violating Massachusetts statute. According to Massachusetts General Law, Chapter 254, Section 2B, the notice of contract may be recorded not later than earliest of the following dates:
60 days after the Owner and you file or record the Notice of Substantial Completion;
90 days after the Owner files or records the Notice of Termination; or
90 days after you last performed or furnished labor or materials or both labor or materials.
We believe the judge made an error because they were past the filing deadline. How do we go about appealing the decision; what forms do we need to send in?
1 Answer from Attorneys
Re: Appealing an approval of Attachment
I doubt if it is appealable. To appeal a judge's decision, the decision must be FINAL, that is, it must end the entire case on the merits. An attachment is only an interim matter in which the judge decides whether it is LIKELY that the plaintiff will win; it does not end the entire case. If you don't have a lawyer, get one, because you probably should consider settling this case, since it looks to the judge - at least at the moment - like you're going to lose. Best wishes, David Baker
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