Legal Question in Real Estate Law in Massachusetts

Re: Possible lien on the home I am selling

Unless you are in default of the terms of your promissory note, then your friend would likely not have a cause of action to bring attachment proceedings against your home. Was a provision in the promissory note that you would pay the note in full upon sale of your home? I would need to review your promissory note to have a better understanding of the terms (payment schedule, etc).

Re: Possible lien on the home I am selling

Right, the person to whom you owe the money cannot attach any of your assets Iespecially including your home) unless he is able to prove these things (and perhaps others as well). You are in breach of your repayment obligations, he will prevail in a lawsuit against you to collect the proceeds, and, after he prevails, you will not have either the funds or the potential to pay him the amounts owed on the court judgment; in other words, the judgment will be nworthless then unless assets are tied up now to secure it. It is a very, very steep hill to climb.

Even if he could attach your assets, he can't attach your home unless he has mechanics lien rights for home improvement work on the home, under written contract, and the work was completed very recently; doubtful.

Also, if you have the homestead exemption on your home (and most mortgage lenders insist upon this, and its usually part of standard real estate closings), he cannot attach your home to secure payment up to the first $300,000 in value. If the loan debt is less than $300k, your home is almost certainly safe. Even if his claim were above $300k, he would be behind any first mortgages on the home (mortgage lenders and perhaps others), so he could only reach your actual equity in the home above and beyond the first $300k in value.

The answer to your question is almost certainly 'no.'