Legal Question in Consumer Law in Massachusetts

Re: Monies owed

This came as a surprise? You did not read the legal notices published three times in a local paper saying the house was in foreclosure?

It's too late to do much at this point. You should have asked for an execution which a deputy sheriff would have recorded in the registry. If you had a lawyer for the debt collection he or she should have explained this to you. If you did that yourself, well, remember the old saying about a fool for a lawyer.

Chances are, if the auction goes through, you will get nothing, and would have got nothing even with an execution.

The auction might be stayed by the neighbor filing a chapter 13. If you were a credit card company or a car lender, you would have a chance at getting some money. As it is, you are on the end of a long list of priority payments for a chapter 13 plan. Go to the auction. At least you will know if the property sells (and for how much) or if there was a bankruptcy filing in time to stop it. If you have the $5000 or $10,000 in a bank check to bid, you might get a bargain and make a profit selling it.

Re: Monies owed

It sounds like you don't even have a court judgment and even if you do, and you have not secured a lien at this point, there are probably secured credit holders way ahead of you. If the individual has filed for a chapter 13 vs 7, you could put your claim in for an unsecured (you may be able to receive 18%) of your debt (If this precentage has not change via bankrutpcy reform).

Even when a court judgment is obtained, it is a whole other story trying to collect on that judgment if there is no longer any assets.

This individual may have filed a chapter 7 that means if this person borrowed the 1,500 prior to filing, this debt could be dissolved.

I would suggest you speak with an attorney but the debt is 1,500 and may not be worth your pursuit, based on the fact that this individual could not even pay their mortgage. There would probably be nothing for you to collect on.

Sincerly, Maria Murber