Legal Question in Real Estate Law in Massachusetts
lean
is it legal to put a lean on someones property for credit card debt if they are already making payments towards the debt. what can happen with a lean on the property.
2 Answers from Attorneys
Re: lien
If the court allows, it is ok.
Re: lien
Generally, a lien will require approval of the court (subject to many statutory exceptions for specific types of creditors.) Putting a lien on a property means that before the property can be sold, "free and clear", the debt must be paid (much as an mortgage loan must be paid at closing when a property is sold).
Note that certain threats made to persuade debtors to pay debts can be unfair trade practices if the creditor or its agents have no reasonable basis for making such threats (e.g. threatening specific legal action when they know that it is not cost-effective to pursue litigation). If you think this might be the case, you can contact the consumer protection division of the attorney general's office. While there are many ethical bill collectors out there, there are unethical ones as well.