Legal Question in Real Estate Law in Massachusetts

The bank has foreclosed on a unit in our condo building. The former owner was in arrears for condo fees and special assessments. What does the bank owe in terms of back fees and assessments?


Asked on 9/13/10, 8:53 am

1 Answer from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

You have a lien on the property, as an association, for all unpaid fees and assessments.

This lien is generally superior to the mortgage (you have to be paid first). I should caveat that by saying the term "generally" is not a mere modifier - there are exceptions to the priority of the association lien carved into statute.

You should immediately comply with the notice requirements of the condominium laws, if you haven't already, so as to preserve certain time sensitive rights.

If you want some help with this, send me an email. If I can't work with you (a portion of my practice foreclosure defense, which can be extremely time sensitive) I will see about finding someone who can: [email protected]

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Answered on 9/19/10, 1:49 pm


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