Legal Question in Credit and Debt Law in Massachusetts

Foreclosure ? Who Can Do It ?

I am having financial difficulty at this time. I want to keep up with my mortgage and equity payments first. However, I am curious if crediters, (credit cards, unsecured dept, etc.) can put a lein on my house and even foreclose? My house is listed for sale at this time, and once it sells I can pay of all my dept. What should I do?


Asked on 7/15/06, 12:59 pm

1 Answer from Attorneys
John Postl Burkinshaw Law Offices, P.C.

Re: Foreclosure ? Who Can Do It ?

Your creditors cannot "foreclose" on your property- only your mortgage company can do that. However, any of your other creditors could sue you and file a lien in connection with the lawsuit (called an "attachment") which would prevent you from selling the house. Eventually the creditor could force a sale, but the creditor would not have priorty over the mortgage or any prior liens on the property.

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Answered on 7/15/06, 1:45 pm


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