Section 14. Any person in interest may dissolve a lien under this chapter by recording or causing to be recorded in the registry of deeds in the county or district where the land lies, a bond of a surety company authorized to do business in Massachusetts and 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. Upon the recording of the bond, the lien shall be dissolved. 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. The claimant may enforce the bond by a civil action commenced within ninety days after the later of the filing of the statement required by section 8 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.
The bond shall be in the following form:
Know All Men By These Presents:
That we, ___ as principal and ___ duly organized to transact business as a surety within the Commonwealth of Massachusetts, as surety, are holden and stand firmly bound and obliged unto ___ in the penal sum of ___ Dollars ($___), to the payment of which we bind ourselves, our heirs, successors and assigns, jointly and severally by these presents.
Whereas, under date of , the said obligee recorded a notice of contract in the registry of deeds, as Instrument #, in Book ___ at Page ___ upon premises more fully described in said notice, and
Whereas, the principal desires to dissolve said lien in accordance with the provisions of section fourteen of chapter two hundred and fifty-four of the General Laws.
Now, therefore, the condition of this obligation is such that if the said principal shall pay to the said obligee all sums which shall be adjudged in favor of the said obligee in an action brought under the provisions of said section fourteen, this obligation shall be void, otherwise to remain in full force and effect.
In witness whereof, the aforesaid principal and surety have executed this instrument under seal this ___ day of ___ (insert year).
Principal
by___________________________________________________________________
Surety
by ___________________________________________________________________
___.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Chapter 254 - Liens on Buildings and Land
Section 1 - Labor Performed; Limitation on Lien; Filing
Section 2 - Written Contract; Notice; Time for Filing; Form
Section 2b - Termination of Written Contract; Notice; Filing; Form; Certified Mail
Section 2c - Design Professional's Lien Upon Real Property; Form and Filing of Notice
Section 2d - Subcontractor of Design Professional; Lien; Form and Filing of Notice
Section 5 - Enforcement of Lien; Procedure
Section 5a - Court Order Authorizing Sale of Real Estate; Procedure
Section 6 - Public Property; Exemption
Section 7 - Mortgages; Invalidity of Subsequent Liens
Section 8 - Statement of Amount Due; Time for Filing; Dissolution of Lien
Section 9 - Notice or Statement; Public Inspection; Recording
Section 10 - Dissolution by Notice
Section 11 - Action to Enforce Lien; Time to Commence; Validity of Lien
Section 12 - Written Contract; Recording of Bond; Form; Enforcement
Section 14 - Dissolution by Bond Recording; Labor and Materials; Form of Bond
Section 15 - Dissolution by Judgment
Section 15a - Application to Court for Order Ruling on or Discharging Lien
Section 17 - Claims; Allowance
Section 20 - Redemption; Limitation
Section 21 - Distribution of Assets
Section 23 - Original Owner; Death or Conveyance of Interest; Action to Enforce Lien
Section 24 - Death of Creditor; Effect
Section 25 - Estate Less Than Fee Simple; Effect of Sale
Section 27 - Written Contract; Form of Notice
Section 28 - Subcontractor; Written Contract; Notice; Filing; Form
Section 29 - Laws Applicable to Sec. 27 or 28
Section 30 - Recording; Duty of Register of Deeds
Section 31 - Apportionment; Priority; Proceedings; Public Contracts
Section 32 - Void and Unenforceable Covenants, Promises, etc.; Exceptions
Section 33 - Mortgagee's Right to Withhold Funding, Financing or Payment for Labor and Materials