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Massachusetts Agencies

Condominium Lien


The foreclosure statute (G.L.c. 244, §14) provides that there must be notice to "all persons of record as of thirty days prior to the date of sale holding an interest in the property junior to the mortgage being foreclosed." (Emphasis added.) Would this include the condominium association with respect the lien for common charges where no separate lien has been recorded at the registry of deeds? The answer is yes. And the reason for this is because G.L.c. 183A, §6 provides that the "[r]ecording of the master deed constitutes record notice and perfection of this lien; no further recordation of any claim of lien for assessment under this section is required." Because first mortgages of record hold a priority position over the condominium lien, at least as to part of the amount secured thereunder, it is necessary to give notice to the association in order to "wipe out" any condominium lien subordinate thereto.