Legal Question in Credit and Debt Law in Massachusetts

Re: Lein of property

Your problem is confusing: have you been paying 2 years on the default judgment, or is that new, and you were paying the collection lawyer for 2 years?

Who is the lawyer for the school? What court is it in? What was the date of the judgment? Have you gone to the court to check out the filings? Was there a return of service by a deputy sheriff or a constable?

Is this a supplementary process or an original complaint that you defaulted on?

Why did you not consult and hire a lawyer as soon as you got this information?

If it has not been 2 years since the default, you can file a motion to vacate the judgment and lien for want of proper notice/service, the sooner the better.

If you owe the money, you can either pay it or file for bankruptcy, probably before October 17, when the rules and filing fees change. Student loans as a rule are not dischargeable, but a chapter 13 would give you up to five years to pay all your debts, including arrears on any secured loans (mortgages, car loans, etc.). It can get complicated doing it this way, but you are running out of time and out of options.

If the house was owned only by you and your wife as tenants by the entirety, they could not sell it, but with your sister on the deed, you probably all hold as joint tenants, and they can sell your interest. If there is no equity, there should be nothing for them to sell. If there is some equity, has any one of you filed a homestead declaration? Too late now.

I do bankruptcies and I represent debtors in lawsuits. I also help with documents and forms if people cannot afford a lawyer to represent them.