Legal Question in Credit and Debt Law in Massachusetts
A law firm that rapresented me took me to court to establish a lien for non payment, even I was making montly payments., The judge granted them the lien to be paid when I sell my house, which is curently on the market. . THe judge also froze the interest on the lien. Now the firm is calling for payment, telling me I have to make my montly payment anyway even they were granted a lien. Is the true? If they are to get the full amount when I sell, why should I pay now? Am I obligated to do so? Can they ruin my credit for this? Thank you Piera
2 Answers from Attorneys
Generally speaking a lien is to secure eventual payment in the event of continued non-payment. Therefore, it doesn't negate your obligation to pay, it simply ensures that the firm will get paid if you sell or liquidate a specific asset. The court may not have ordered you to continue making payments - but my suggestion is that you continue paying. The firm is entitled to payment.
I agree with attorney Spaulding. Your agreement to make payments is separate from the use of a lien as a security device. The amount they get upon sale will be necessarily reduced by any payments toward the debt that you make in the interim.
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