Posting a Lien Bond in Massachusetts

Once a lien is placed on real estate, it can cause multiple issues for the owner. For example, since a lien is a type of encumbrance, it appears on the title and might make it difficult to sell or mortgage the property. Often, a lien claimant will agree to dissolve a lien in exchange for the responsible party posting a bond that guarantees performance.

Any person with an interest may dissolve a lien by recording or causing to be recorded in the county registry of deeds where the land lies, a surety bond by a company authorized to do business in Massachusetts, in a penal sum equal to the amount of the lien sought to be dissolved conditioned for the payment of any sum which the claimant may recover on his claim for labor or labor and materials. M.G.L. Ch. 254, 14.

Upon the recording of the bond, the lien shall be dissolved. Id. Notice of the recording shall be given to the claimant by serving on the claimant a copy of the notice of recording together with a copy of the bond by an officer qualified to serve civil process or by delivering same to the claimant. Id. The claimant may enforce the bond by a civil action commenced within ninety (90) days after the later of the filing of the statement of account or receipt of notice of recording of the bond, but 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. The dissolution is then conditioned on the actual receipt of the bond. See Id.

The dissolution by bond form contains the following information: 1) principal's name; 2) surety's name; 3) lien claimant's name and address; 4) the bond amount; and 5) the indexed book, page, and instrument number of the previously recorded Notice of Contract. Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for professional legal advice. If you have questions about dissolving a lien by posting a penal bond, or any other issues related to lien laws in Massachusetts, please consult with an attorney.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Rajashree S.

"Deed was easy to download and complete. Will use again if needed."

— Martha B.

"Not too hard to do, I did get it checked out by an attorney after I completed it just to be safe. He…"

— Larry L.

"Easy, quick and responsive for recording purposes."

— Jon B.

"The information and documents received are great. But the communication with customer service is not…"

— Bobby T.

"Great!! Helps me out"

Common Uses for Dissolution by Bond

File a lien for unpaid construction or renovation work
Provide notice of intent to file a lien for unpaid work
Document a change order that affects the scope of a project
Document consent of the property owner for improvements
Notify a general contractor of unpaid subcontractor invoices
Notify a property owner of unpaid construction debts
Protect a supplier's right to payment for delivered materials

Compare other Massachusetts deed forms and documents

Quitclaim Deed Quitclaim Deed with Covenants Gift Deed Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement General Durable Power of Attorney Specific Durable Power of Attorney for the Sale of Real Property Specific Durable Power of Attorney for the Purchase of Real Property Mortgage Deed and Promissory Note Discharge of Mortgage Assignment of Mortgage Memorandum of Agreement for Purchase and Sale of Real Estate Full Release of Memorandum of Agreement for Purchase and Sale of Real Estate Disclaimer of Interest Trustee Deed Personal Representative Deed of Sale Personal Representative Deed of Distribution Notice of Contract Notice of Identification Statement of Account Notice of Termination Notice of Substantial Completion Bond for Written Contract Dissolution of Lien Contractor Partial Waiver and Subordination of Lien Contractor Full Conditional Lien Waiver Subcontractor Partial Waiver and Subordination of Lien Subcontractor Full Conditional Lien Waiver Estate Tax Affidavit Trustee Certificate

Important: County-Specific Forms

Our dissolution by bond forms are specifically formatted for each county in Massachusetts.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Massachusetts Forms