Legal Question in Real Estate Law in Massachusetts

Re: Lien search - who's responsible?

Hello - In response to your question, I'm posting a previous reply of mine to a similar question (in the case below, the purchasers of a property discovered condominium ass'n liens on their property after the closing); I agree you should contact an attorney, and yes, you may have recourse against the attorney who certified good title for the Whitman property:

"My name is Len Foy and I'm an attorney practicing in NH and Massachusetts. If you'd like to contact me directly my office telephone no. is (603) 434-3437.

Regarding your inquiry, I have a few questions. When you bought the Ashburnham property, did you purchase it with cash or with financing? Did an attorney or a title company conduct the closing, and certify good title to you as the buyer? Did you purchase owner's title insurance for the property? At the closing you should have received what's called a "HUD" or a "Settlement Statement," this document has the appearance of a ledger and it contains a breakdown of all the figures, selling price, costs and fees, any commissions paid, taxes, etc. If you can locate this document it should help you answer a few of the above questions.

What is the dollar amount of the unpaid association fees?

The long and the short of it is that the ass'n should have liened the property as you pointed out, but the ass'n may still be able to recover the unpaid dues, but you have recourse against the prior owner/seller and also the attorney or title company that certified title to you. And hopefully you did purchase owner's title insurance at the time that you closed on the property. Refer to the HUD or Settlement Statement that I discussed above - see if you were charged for owner's title insurance under buyer's fees and charges.

If you want to email me directly my email address is [email protected].

Good luck and regards - Len Foy"

Re: Lien search - who's responsible?

To answer your questions in the order listed:

1) If he represented you, yes.

2) No, but the lien still encumbers your title

3) yes

4) yes if he certified title to you or if you purchased an owner's title insurance policy

5) unlikely

6) unlikely

Re: Lien search - who's responsible?

You should talk with an attorney. Certain attorneys may take a matter like this on contingency. He or she may try to recover against your title insurance (depending on your policy language). As the owner of the property, the lien is technically yours. The purchaser of your property may back out at this point because you cannot provide clear title.