Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Paragraph (c) of section 6 of chapter 183A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the word "five", in line 9, the following words:- and five A.
SECTION 1A. Said paragraph (c) of said section 6 of said chapter 183A, as so appearing, is hereby further amended by striking out, in lines 11 to 13, inclusive the words "as to such portion of said common expenses as become due within six months prior to the commencement of an action to enforce such lien pursuant to said section five.
SECTION 2. Section 5 of chapter 254 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A lien upon land for the erection, alteration, repair or removal of a building or other structure or a lien established under section seventy-six of chapter sixty-three, or under section six of chapter one hundred and eighty-three A shall be enforced by a civil action brought in the superior court for the county where the land lies or in the district court in the judicial district where the land lies.
SECTION 3. Said chapter 254 is hereby amended by inserting after said section 5, as so appearing, the following section:-
Section 5A. When the amount of a lien under section six of chapter one hundred and eighty-three A has been established by a court, the court shall enter an order authorizing the sale of the real estate to satisfy such lien. The lienor may do all acts authorized by such order, but no sale pursuant to such order shall be effectual unless, previous to such sale, notice thereof has been published once in each of three successive weeks, the first publication to appear not less than twenty-one days before the date of such sale, in a newspaper published in the town where the land lies or, if no newspaper is published in such town, in a newspaper published in the county where the land lies, and this provision shall be implied in every court order for sale hereunder in which it is not expressly set forth. A newspaper which by its title page purports to be printed or published in such town, city or county, and having a circulation therein, shall be sufficient for the purpose.
Such form shall be printed in substantially the following form: `tuc SALE OF REAL ESTATE `tuc UNDER GLM 183A:6
By virtue of a Judgment and Order of the Court (docket no. ) in favor of against establishing a lien pursuant to GLM 183A:6 on the real estate known as Unit of the Condominium for the purpose of satisfying such lien, the real estate will be sold at Public Auction at o'clock . M. on the day of A.D. 19__ at . The premises to be sold are more particularly described as follows:
Description: (Describe premises exactly as in the deed, including all references to title, restrictions, encumbrances, etc.)
Terms of sale: (State the amount, if any, to be paid in cash by the purchaser at the time and place of the sale, and the time or times for payment of the balance or the whole as the case may be.)
Other terms to be announced at the sale.
Such notice of sale in the above form, published in accordance with the provisions of this section, herewith together with such other or further notice, if any, required by the court, shall be deemed a sufficient notice of the sale and the premises shall be deemed to have been sold, and the deed thereunder shall convey the premises, subject to, and with the benefit of, all restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the filing of the complaint, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed; but no purchaser at such sale shall be bound to complete the purchase if there are encumbrances, other than those included in the notice of sale, which are not stated at the sale and included in the auctioneer's contract with the purchaser.
The person or entity selling, or their attorney, may cause a copy of the notice and an affidavit, stating that the requirements of the court order and of this section have been complied with, to be recorded in the registry of deeds or land registration office for the county or district where the land lies, with a note of reference thereto on the margin of the record of the complaint previously recorded, and such affidavit or a certified copy of the record thereof shall be admitted as evidence that the sale was duly executed.