HOUSE DOCKET, NO. 1000        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1324

The Commonwealth of Massachusetts

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PRESENTED BY:

John D. Keenan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to certify the validity of a mechanic's lien and reduce the time limitation to file suit.

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PETITION OF:

HOUSE DOCKET, NO. 1000        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1324

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to certify the validity of a mechanic's lien and reduce the time limitation to file suit.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

AN ACT CERTIFYING THE VALIDITY OF A MECHANIC’S LIEN AND REDUCE THE TIME LIMITATION TO FILE SUIT

SECTION 1.  Section 1 of chapter 254 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 22, the words “for the ninety days next”.

SECTION 2.  Section 2 of said chapter 254, as so appearing, is hereby amended by striking out, in lines 30 and 32, the word “ninety” and substituting in each instance, the word: 

sixty

SECTION 3.  Section 4 of said chapter 254 is hereby amended by striking out in lines 33 and 34, the word “ninety” and substituting, in each instance, the word:

sixty

Section 4 shall be further amended by adding the following after the address of the party filing or recording the notice:

I, contractor’s or filer’s name, hereby state under the pains and penalties of perjury that I have satisfactory documentation to support this lien and that is not a frivolous filing.  I fully understand that should this be found to be a non-substantiated lien, I may be responsible for court fees and fines as are assessed by the court or required by statute.  Signed this ____ day of _____, 20__.  Contractor’s or filer’s signature.

SECTION 4.  Section 8 of said chapter 254 is hereby amended by striking out, in line 3, the word “ninety” and by striking out in lines 5 and 6 the words “one hundred and twenty” and in line 8 the word “ninety” and substituting in each instance, the word:

sixty

Section 8 shall be further amended by adding the following to the notice:

I, contractor’s or filer’s name, hereby state under the pains and penalties of perjury that I have satisfactory documentation to support this lien and that is not a frivolous filing.  I fully understand that should this be found to be a non-substantiated lien, I may be responsible for court fees and fines as are assessed by the court or required by statute.  Signed this ____ day of _____, 20__.  Contractor’s or filer’s signature.

SECTION 5.  Section 11 of said chapter 254 is hereby amended by striking out, in line 2, the word “ninety” and substituting in place thereof, the following word:

sixty

SECTION 6.  Section 15 of said chapter 254 is hereby amended by adding the following to the end of the section:

If the court finds that the filer of a lien, filed or recorded such without merit to his/her claim, the court will fine the filer a minimum of $250.00.  Such fine shall be used to repay all court costs with any remainder of the fine being payable to the general fund.

SECTION 7.  Section 15A of said chapter 254 is hereby amended by adding the following to the end of the section:

If the court finds that the filer of any recorded document or complaint has filed/recorded such without merit to his/her claim, the court shall fine the filer a minimum of $250.00.  Such fine shall be used to repay all court costs, including full reimbursement to the homeowner for a verified complaint within this section, and any remainder of the fine will be payable to the general fund.