A lien on your Massachusetts property does not prevent a sale — in most cases, the closing attorney pays the lien from the sale proceeds and conveys clear title. Here's how each type works.
In Massachusetts, a closing attorney (required by law — MA is an attorney-state) performs a title search before closing to identify all liens and encumbrances on record. Any liens are then paid from the seller's proceeds at closing as part of the settlement statement. The lien holder receives payment, records a discharge, and clear title passes to the buyer. The seller receives the net proceeds after all liens and closing costs are paid.
The practical implication: if your home has enough equity to cover the lien, it is not an obstacle — the closing attorney handles it. If the lien exceeds equity, a short sale negotiation or lien reduction may be needed before the property can close.
| Lien Type | Priority | How It Resolves | Cash Buyer Approach |
|---|---|---|---|
| Municipal property tax lien (MGL Ch. 60) | Super-priority — takes precedence over mortgage | Paid from proceeds at closing; town issues tax title discharge | Cash buyer closes; lien paid from proceeds at closing |
| IRS federal tax lien (26 USC §6321) | Federal — subordinate to most purchase money mortgages but survives sale if not discharged | IRS certificate of discharge requested from proceeds; 30–120 day wait | Cash buyer closes with IRS discharge process; faster timeline |
| MA DOR state tax lien | State — attaches to all real property of taxpayer | Paid from proceeds; DOR issues release | Cash buyer closes; lien paid from proceeds at closing |
| Judgment lien (court judgment recorded in MA Land Records) | General lien on all debtor's real property in the county | Paid from proceeds at closing; creditor records satisfaction | Cash buyer closes; judgment paid from proceeds |
| Mechanic's lien (MGL Ch. 254) | Attaches to property where labor/materials were furnished | Bond, payment, or negotiated settlement required; strict 90-day filing deadline for MA mechanics liens | Cash buyer's attorney works with lien holder; paid from proceeds |
| HOA / condo association lien | Super-lien in MA for up to 6 months of common expenses | Paid from proceeds at closing; HOA provides payoff and release | Cash buyer closes; HOA paid from proceeds |
Tax lien, judgment lien, mechanic's lien — our closing attorney handles payoff from proceeds. Cash offer in 24 hours.
Call (401) 396-7427Get Cash Offer →Yes — most liens are paid from the sale proceeds at closing by the closing attorney. The seller receives net proceeds after the lien payoff. If the lien exceeds property value, a short sale or lien negotiation may be needed.
Yes — MGL Ch. 93A requires disclosure of all known material facts. A lien is a material fact. Disclose it on the Seller's Statement. In practice, title searches surface all recorded liens — disclosure protects you from concealment liability.