Legal Question in Real Estate Law in Massachusetts

If you are getting divorced and trying to sell you house,but you discover your wife has unpaid credit card debit(only in her name)and a lein has been placed on your house does that have to be paid off as part of the sale?

We are upside down in our home and I`m trying to decide weather sell, short sale or just have it foreclosed on.


Asked on 8/25/12, 4:40 pm

1 Answer from Attorneys

The lien is only enforceable against equity in the home. Speak with the attorney who will assist you with the short sale, so the credit card company removes its lien at or before closing.

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Answered on 8/25/12, 4:59 pm


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