Legal Question in Real Estate Law in Massachusetts

execution
There is an execution on my mothers house for an unpaid credit card balance. My mother has been disabled since 1998 and has not had a credit card since then. I have power of attorney but collection agency is not working with me. the balance is $3500 plus intrest since 2004. I just found out about this. I am trying to fight this, obviously someone has stolen her identity. My question is however, I want to put the house in my name by purchasing from her for the amount of $1.00 because I live there with her. How is this going to work if there is an execution on the propery? And no, my parents never got a delaration of homestead. Can I get one now that there is an execution? thanks in advance

Asked on 10/23/08, 8:36 am

3 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

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Re: execution

You should consult a knowledgeable attorney without delay. All of the transactions leading up to now should be reviewed thoroughly.

Her rights and defenses erode with each passing day.

Answered on 10/23/08, 9:01 am

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Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: execution

I could not agree more with attorney Wood. You should collect your paperwork and sit down with an attorney immediately.

The creditors may have an execution against your mother, or they may have an attachment on your mother's home. They may have both, and they may have neither.

I work with consumers in your mother's position and would be happy to speak with you. Whatever you do, do not transfer the home until you have spoken with an attorney.

Answered on 10/23/08, 9:16 am

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