Legal Question in Real Estate Law in Massachusetts
How and why does a court allow a judgement against home residence for and unsecured credit card debt when a MA Homestead act is in affect?
Can you have this removed by appeal so if you refinance the debt becomes secondary an dnot paid at time of refinance?
3 Answers from Attorneys
It is not for a court to determine if a particular property is entitled to homestead protection. As for refinancing under these circumstances, this has not been litigated so we are guessing at present. The best plan at present is to go to the court that issued the attachment and bring a motion, supported by affidavits and certified copies of documents, to have the attachment released from the propery.
The homestead declaration does not prevent liens from being recorded against a piece of real estate. It merely protects, in some instances, a person's primary residence from being sold to satisfy the lien. If you would like some assistance in dealing with this debt and getting the lien off of your property, please feel free to contact our office at 617-357-4898.
Both answers are correct. You can bring a motion to remove the attachment since the first $500,000 of equity is exempt.
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