J & W Wall Systems v. Shawmut First Bank

A mortgagee of real estate who took a deed in lieu of foreclosure from a mortgagor was a ""purchaser"" of that property within the meaning of G. L. c. 254, § 7, and thus was entitled to priority over the lien for work done on the property by a subcontractor that recorded notice of its contract after the deed in lieu of foreclosure. [43-45] We hold that a mortgagee of real estate who takes a deed in lieu of foreclosure from a mortgagor is a ""purchaser"" of that property within the meaning of G. L. c. 254, § 7 (1990 ed.), and thus is entitled to priority over the lien for work done on the property by a subcontractor that recorded notice of its contract after the deed in lieu of foreclosure. We, therefore, agree with the motion Judge who entered summary judgment for the defendant bank on the claim of the plaintiff subcontractor that its lien be enforced against the property. 2 We transferred the subcontractor's appeal here.