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Massachusetts Bond for Written Contract

Executing a surety bond is a great method to avoid ever having a lien placed on a property. A surety bond is a written promise to pay by the surety who guarantees any potential lien claimant or other party that he or she will make the necessary payments in connection with the written contract.

Any person, including the owner, with an interest in connection with a written contract may record, in the registry of deeds in the county or district where the land lies, a bond of a Massachusetts-authorized surety company in a penal sum equal to the contract sum or, if the contract does not contain a contract sum, in a penal sum equal to that person's fair estimate of the contract sum, all as set forth in the certificate on the bond. M.G.L. Ch. 254, 12.

Recording any such bond prevents any eligible claimant from attaching a lien for labor and/or materials performed under the contract in respect to which such bond is given. Id.

A valid bond for written contract identifies the parties, the location of the project, the amount of the bond, and relevant dates. Submit the completed and notarized bond document to the local recording office. Note that the register of deeds may refuse to record the bond if it fails to meet standards of form or substance, but no party to any such bond shall be discharged by any defect therein as against any party who has in good faith allowed his lien to be dissolved by lapse of time in reliance on the bond. Id.

The bond may be enforced by a civil action in the superior court or district court brought by any party in interest. Id. An attested copy of the complaint shall be filed and recorded in the registry of deeds. Id. No suit or action on the bond shall be commenced after the expiration of ninety (90) days after the claimant filed the statement. Id.

Such bond shall not create any rights which the claimant would not have had, or impair any defense which the obligors would have had, in an action to enforce a lien. Id.

This article is provided for informational purposes only and is not legal advice nor should it be used or relied upon as a substitute for the services of an attorney. Please consult with an attorney regarding any questions about filing a Bond for Written Contract or for any other issues regarding Mechanic's Liens in Massachusetts.

Deeds.com Massachusetts Bond for Written Contract Forms Have Been Updated as Recently as Friday February 7, 2020

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Bertha V. G. said: Great information and very easy to understand.

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donald h. said: very informative and thank everyone involved,my deed needed to be changed and will adjusted.

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Toni M. said: I liked having the forms. Some may need to know they can look at the legal Description from online county records, then type up in Word document line by line, the degree sign in Word program is achieved by using alt and 248 on number pad. Then on the form page one write SEE Exibit A and title your Word program description as Exibit A. Goes without saying the legal description should be looked over many times and it is easier to do so if you format your Word the same lineage as the legal description online which is usually not text which is why you have to retype it.

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Brooksye G. said: Very helpful. I live in Arkansas and needed information and documents for a Missouri transaction. I got everything I needed without any hassle.

Reply from Staff: Thank you Brooksye, we really appreciate your feedback.


Lauren W. said: I took a chance and downloaded the Beneficiary Deed form -- would have liked to have been able to see the form before I paid, but I took a chance as everywhere else I looked online wanted me to fill out form online and then pay $30+ for each deed. I'm doing several, so I was glad to be able to just download the blank form that appears to be one I can directly type into on my computer. Yay! Would use your site again if needed. Thanks!

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Freddy S. said: great job

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Massachusetts Bond for Written Contract Form