Legal Question in Real Estate Law in Massachusetts

Re: Lien on a House

No mrotgage company will lend money againstthe home while there is a first in time valid lien against one of the record owners (if your boyfriend is on the deed, he is presumed to be a one third owner unless the deed states otherwise). your boyfriend will either have to challenge the lien (if it is a pre-judgment attachment) or pay the debt (if post judgment) before you can Sell or Refinance the property (note: the payoff can be done at the time of the sale/refi from the proceeds of the transaction.

Re: Lien on a House

The lien stands and will have to paid at refinancing unless your boyfriend challenges the lien. Your boyfriend is presumed to be a one-third owner unless otherwise agreed in writing.

The lien can be paid at refinancing.

If he did not contribute to the

equity in the home and has not made any contribution for the Mortgage payment, then you could file a petition to remove him from the deed.

The lienholder may challenge it. More facts are required. Assumng your boyfriend did not incur this debt prior to taking ownership of the home and has filed a homestead exemption, he could file bankruptcy.

The lien holder only has a claim equal to your byfriends equity in the home.

Please feel free to contact me if need additional assistance. It may be easiest to settle with the lienholder.

Re: Lien on a House

If its a mechanics lien for improvements to the real property itself, you might be able to get rid of it on various grounds, but it is tricky and requires a familiar atty. Doesn't sound like you've got a mechanics lien, but its possible.