What if there is an error and the 6(d) certificate issues with a lower balance than that actually owed?
According to the Massachusetts Condominium Statute, the 6(d) certificate, once recorded, shall operate to discharge the unit from any lien…. The statute also provides that the 6(d) certificate shall be binding on the organization of unit owners, the governing body of the organization of unit owners, and every unit owner…. In addition, Massachusetts Title Standard No. 69 provides that a clean 6(d) certificate shall evidence clear title despite evidence of a lien on record at the registry. As such, it is crucial that all due care be taken in issuing 6(d) certificates to avoid any error. In the unfortunate event of an error that substantially prejudices the association, an argument may be made by analogy to mortgages. Some Court decisions state that where a mortgage is clearly discharged as a result of an inadvertent error that the mortgage debt is still owed.
Related Questions
- When I click the padlock icon to view the certificate when connected to a secure site, I receive an error message. Am I in a secure session?
- How do consignees keep the balance between choosing lower rates and ensuring cargo safety?
- I’m getting a certificate error when trying to log into the designer interface, what’s wrong?
