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New Municipal Law
 Fees Add Weeks to Certificate Process

Ask An Attorney …About Municipal/Zoning Law

Q. I am a residential real estate broker: One of my recent closings was delayed three weeks while we waited for the municipal lien certificate.  Why did it take so long?

A. “Taxes assessed upon land…shall, with all incidental charges and fees, be a lien thereon.”

      Massachusetts General Laws, Chapter 60, Section 37.

The law imposes certain liens on real estate without the need for prior legal action or for recording.  Other examples include unpaid estate taxes and mechanics liens.  Upon transfer, sellers must produce proof of payment to discharge these liens.  The proof in this case is the municipal lien certificate...

Clearly, lien certificates are more complicated than they were 10 years ago.  However, the practical reality is that obtaining a municipal lien certificate for a residential real estate closing can take anywhere from two days to one month, depending on the city.  In the age of computers, one has to ask why this is so.  One also has to ask how sellers and buyers possibly expect to close in an orderly fashion where is such a disparity.

This Tip was excerpted from:
Ask An Attorney, Banker & Tradesman, May 26, 1997.
Ask An Attorney is a weekly column in which members of the Banker & Tradesman Panel of Lawyers answer your questions.

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