Legal Question in Real Estate Law in Massachusetts

Realty Trust

Can a Realty Trust veil be pierced so a lien can be put on the property ? I am looking to do so.


Asked on 1/16/08, 3:18 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Realty Trust

Your question mixes apples and oranges. You want to lien the building (through its owner), not the realty trust itself. You don't need to pierce any veil to lien the building owner, even if the owner is a trust.

If your question is can you make the trustee of the realty trust pay the amounts due, I believe - if the realty trust is a "nominee" trust, the answer is 'yes,' as the trustee is individually liable for actions of the nominee trust, but this assumes the trustee can be held legally liable for paying the debt.

Mechanics liens are very tricky business, and one wrong move and the lien dissolves, and is gone for good. Lien filings are not for the inexperienced.

Feel free to contact me if you want to pursue this further.

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Answered on 1/16/08, 3:27 pm

Re: Realty Trust

Your question is unclear. If you have a claim against a building it does not matter if it is in a trust or not.

If your claim is against a person who is a beneficuary under the trust, that is another issue and then the issue becomes what kind of trust is it.

Please feel free to contact me if you have more questions.

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Answered on 1/16/08, 3:46 pm


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