Legal Question in Real Estate Law in Massachusetts

In 2006 my boyfriend and I purchased a condo. Two weeks after closing we split up we decided that he would live in, maintain, and pay the mortgage. Now in 2010 I am married and have a new home and mortgage (this new mortgage is only in my name my husband is not on it). My ex is now telling me that the condo we own from 2006 is not worth what is owed on it and he is considering a short sale. How will this affect the new mortgage that I have? Can the lender from the first mortgage take my house or put a lien on it where it is only in my name?


Asked on 8/12/10, 4:41 pm

1 Answer from Attorneys

It will not directly impact your new mortgage. The lender depending on the short sale may seek to have you pay a portion of the balance due on the short sale. They could seek to obtain an attachment against the home you have now. However, you should record a homestead if you have not already done so.

The lender on the short sale will have to get a judgment against you in order to get a lien on your present home.

I suggest you contact an attorney and set a strategy to deal with this now.

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Answered on 8/17/10, 5:49 pm


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