Legal Question in Credit and Debt Law in Massachusetts
I have a declaration of Homestead on my home. Can a creditcard collection agency place a lien on my property with this in place?
Asked on 12/11/09, 7:54 am
1 Answer from Attorneys
Dmitry Lev
The Lev Law Firm
Yes, a Homestead doesn't protect from a lien. It protects from a forced sale. In other words, the collection agency's lien will sit there until you either pay it or until the home is sold or refinanced -- it would need to be paid at closing to get a clear title. But on another note, a collection agency can't do any of this until they file a case in court and obtain court approval: either a pre-judgment attachment or a post-judgment execution.
Answered on 12/18/09, 5:14 pm