Legal Question in Real Estate Law in Massachusetts
Is a creditor lien on property still valid if property holder deceased?
Asked on 10/27/11, 1:05 pm
2 Answers from Attorneys
Christopher Vaughn-Martel
Charles River Law Partners, LLC
The lien will most likely need to be satisfied out of the estate of the deceased person before the house can be sold, transferred, or refinanced.
Answered on 10/27/11, 1:19 pm
It will depend on the type of lien and the title to the property. If the property was held as joint tenants or tenants by the entirety, the lien (assuming it is against only one owner) would be extinguished and you can demand its removal upon the death of the deceased.
If the owner retained only a life estate, the lien would be invalid as well. Much more information is needed to answer the question properly. I would contact an attorney as soon as possible to discuss your problem in detail.
Answered on 10/27/11, 1:20 pm