Legal Question in Real Estate Law in Massachusetts

leins

2 people own house can one of them put a lein or encumberance on deed without other owner who owns majority share of home knowing or being notified,wouldnt there be some sort of legal proceding


Asked on 7/15/09, 11:51 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: leins

normally there should be a legal proceeding, depending on the type of lien. Check the registry of deeds, and examine the lien.

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Answered on 7/17/09, 12:54 pm

Re: leins

If the property is owned as Tenants in Common, the one party can put a lien on the property but only to the extent of their ownership as Tenant in Common. In other words, the lien is valid to their interest only not the other parties. This assumes the party allowing the lien does not have a power of attorney or has authority under another document.

If the are seeking a lien against your interest, they should have obtained a court consent and as such if they filed such a lien they may have slandered your title.

Good Luck

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Answered on 7/15/09, 12:40 pm


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