GSL Decision ALERT!

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GSL Decision ALERT!

On Friday, November 7, 2014 the Massachusetts Appeals Court issued its decision in the case of Drummer Boy Homes Association, Inc. vs. Carolyn P. Britton et.al., that will affect condominium lien enforcement actions.

Although the court upheld the original decision of the lower Court which said there could not be a “rolling lien,” what is even more important is what the Court did NOT say. The Court did NOT say that there can only be one priority lien period over the life of a first mortgage. Rather, the Court said there cannot be successive six (6) month priority liens which means we cannot file a second action until the first one is finished, either through payment and a dismissal of the Court case or foreclosure.

Sometimes, under this decision, which is expected to be further appealed, a few months of common fees may be lost. Therefore, we recommend more than ever that Associations remain vigilant and forward delinquent accounts to our office as soon as they are over sixty (60) days in arrears.

In doing this we can move swiftly toward foreclosure so that delinquent unit owners will either pay or can be replaced with a new owner who will hopefully remain current.

We will be putting on a seminar with CAINE very soon where we will fully explain the new procedures, including what you can expect in the future. We hope to see you all there. In the meantime if you have questions please direct them to Ellen Shapiro at Shapiro@goshlaw.com, Henry Goodman at goodman@goshlaw.com or Pam Jonah at jonah@goshlaw.com.

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