Code of Massachusetts Regulations › 108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES › Title 108 CMR 6.00 - Alternative Sources Of Income › Section 6.03 - Liens

Current through Register 1525, July 5, 2024
(1)
General Authority
. Pursuant to M.G.L. c. 115, § 5A, the veterans' agent shall execute an instrument giving notice of a lien on any parcel of real estate in which a dependent mother or father receiving veterans' benefits has an interest in excess of $1,500.00. The veterans' agent shall send the notice of lien by certified mail to the dependent mother or father and, at least three business days later, shall record a notice of lien in the Registry of Deeds of the county, or the district if the county is divided into districts, in the district in which the realestate is located. If the real estate is registered, the veterans' agent shall file the lien in the Registry District of the Land Court. Upon filing of the notice, this instrument creates a lien on behalf of the Commonwealth on only that part of the dependent mother or father's interest in excess of $1,500.00 of the fair market value of the real estate.
(2)
Enforcement of the Lien
. The veterans' agent may enforce a real estate lien by filing a Petition in Equity in the Superior Court for the county where the real estate is located. In filing such a petition, the veterans' agent shall seek the legal advice of the corporation counsel, city solicitor, or town counsel, as the case maybe. The veterans' agent shall not take steps to enforce a lien until both the dependent mother or father has died, and he or she has obtained the written permission of the Secretary. In his or her discretion, the Secretary may waive enforcement, in whole or in part, in order to avoid the undue hardship which the enforcement might cause.
(3)
Prior Conveyance
. If the dependent mother or father conveys her or his interest in real estate no more than two years prior to an application for veterans' benefits, she or he shall be deemed to have tried to avoid the pro visions of 108 CMR 6.03 and shall be considered ineligible for such benefits. The provisions shall not apply if the conveyance was for an amount equal to or exceeding the fair market value of the real estate.
(4)
Subordination
. Upon prior approval of the Secretary, the veterans' agent may enter into a written agreement with the dependent mother and father by which he or she consents to subordinate a lien obtained pursuant to 108 CMR 6.03. The Secretary shall grant his or her permission for such a subordination only if the mortgagee is required to pay for necessary repairs to the real estate.
(5)
Gold Star Exemption
. The provisions of 108 CMR 6.03 shall not be applied to real estate owned by the mother or father of a person who was killed in action or died from service-connected disability incurred while he or she was in wartime military service with the Armed Forces of the United States.
(6)
Dissolution of Lien
. Upon the expiration of 20 years from the date of the recording of a real estate lien in the office of the Register of Deeds, wherein the real estate lies, such lien shall be dissolved and unenforceable. When a real estate lien becomes dissolved and unenforceable, the veterans' agent shall submit a Discharge of Real Estate Lien (FormVS-26) to the Secretary and a copy to the Register of Deeds of the county, or district, if the county is divided into districts, in which the real estate is located.
(7)
Failure to Discharge Lien
. If a veterans' agent neglects or refuses promptly to refer the enforcement of a lien under 108 CMR 6.03 to the Secretary, for his or her approval, or to bring a petition within the period specified by the Secretary, the Secretary shall thereupon bring the petition in his or her own name; and in such event, all proceeds shall be retained by the Commonwealth.