Property Law

Property Law

Section Blog

Bankruptcy Court further limits association's superpriority lien (1)

by Jean Stevens, posted Wed, Feb 1, 2012 10:20 AM

In a further setback to attempts of condominium associations to recover their costs in enforcing their liens, a bankruptcy court judge has ruled that the association's priority over the first mortgage for attorney's fees and costs is limited to those incurred in the court action to enforce the lien. The court read the statute strictly to hold that the association's priority "does not extend to fees incurred later to enforce the lien or to enforce, defend, or further establish its priority." The case is RBS Citizens, N. A. v. Longyear at Fisher Hill Condominium Trust. It can be found on the court's website (http://www.mab.uscourts.gov/mab/). Look under the opinions for Chief Judge Bailey.

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Land Court dockets now available online (1)

by umbraco_system, posted Wed, Feb 1, 2012 10:12 AM

In what appears to be the first step for electronic access to case records in the Massachusetts courts, dockets for Land Court cases can now be viewed online. The site is relatively easy to operate and a method is provided for e-mailing questions about the system to the administrator. The site can be accessed through the Land Court's homepage (www.mass.gov/courts/landcourt) or through www.masscourts.org. The Land Court's homepage contains a link to instructions for using this tool in pdf format.

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Free Video Programs!

by Joe Boynton , posted Fri, Jan 20, 2012 11:41 AM

 The Property Law Section has compiled a library of one-hour video programs on various topics of interest to the real estate bar. Some programs cover topics of current interest and others are intended as a long-term educational resource. To find a list of these programs click on the link below, check the box for “Free programs only” and filter your search through the “Property Law Section”. The section hopes you will find something useful there. Our library of programs is growing at a rate of eight to ten programs per year.

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Condominium superpriority lien limited by Appellate Division

by Joe Boynton , posted Fri, Jan 20, 2012 11:39 AM

 In a decision that has caused some alarm among those who represent condominium associations,  a panel of the District Court Appellate Division has ruled that the lien for condominium common charges is limited in its priority over a first mortgage to one six-year  period of accumulated common charges. Many practitioners believed – and many still believe – that a condominium association is authorized by G. L. chapter 183A to claim “rolling” liens for successive six-month periods.  The Appellate Division affirmed the trial court in concluding that the General Court intended to limit the so-called “superpriority” to six months, noting that the legislature could have simply given condominium associations priority over mortgages if it had intended that the tactic of rolling liens could be stretched out to its theoretical limit. Interestingly, the mortgage lender did not participate in the case even though it was directly affected by the claim of the unit owner’s organization for lien priority for eighteen months worth of common charges. The case is Drummer Boy Homes Association, Inc. V. Carolyn P. Britton, 2011 Mass. App. Div. 186. An appeal is expected, so stay tuned.

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Welcome to the Property Law Section Blog

by Kelsey Sadoff , posted Wed, Nov 30, 2011 9:36 AM

Welcome to the 2011-12 Property Law Section Blog.

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