Massachusetts  |  Real Estate Law

we bought a property at forclosure sale, the seller(mortg co) wanted more than the agreed price, they thought we bought the property for a quick resale. We agreed to a lien for 20,000.00 if we sold the property for more than 400,000.00. It is now 10 years later, we put approximately 200000.00 into the property and now want to sell it for 550000.00. We refinanced in 2006 and the title company did not get a subordination agreement from the orig mort co. who is responsible if they find out we sold the property? We previously refinance in 2004 and that title co made them subordinate the loan at that time