Legal Question in Real Estate Law in Massachusetts
Forced sale of property in Ma.
I lost a civil lawsuit and the judge awarded the other party the amount they were seeking.
Their lawyer spoke to my property manager and told her he could force the sale of my home to collect the debt. I own a two family home. This is my primary residance. I rent out the top floor and live on the first. thank you.
1 Answer from Attorneys
Re: Forced sale of property in Ma.
First I hope you have a homestead exemption filed on the property.
Second, your home is the unit you live in not both units. He could lien the second unit and seek a partition of the property. He cannot force you to sell your unit if the debt he is seeking did not preceed your purchase of the home.
If I were you I would contact an attorney ASAP, to see what you can do to protect your property. If you do not have enough money to satisfy the judgment you can file a chapter 13 bankruptcy. This will allow you to keep property and arrange to pay your debts. I am not a bankrupcty attorney, so you may want to speak to one sooner rather than later.
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