Legal Question in Real Estate Law in Massachusetts
liens
I was renting to own, I was laid off and am now not able to purchase this property. We purchased a home of lesser value. Can my Landlord put any type of lien on my new home?
2 Answers from Attorneys
Re: liens
You need to read the lease/ purchase contract and determine if you have any liability under the agreement.
If you owe him rent or any other type of money he can file a lawsuit in court and he can ask the court to put an attachment on the property as security if he wins the lawsuit.
You would have a right to a hearing either before or within two days after the attachment is on the property. If he wins teh lawsuit he can levy on the judgment against your house.
There are special rules to protect your property from levy. You should see an attorney to review your situation.
Re: liens
To answer the question, you need to look at the contract between you and the Seller-landlord to determine whether you still owe them anything. It would be wise to engage the assistance of an attorney for such review, along with the possible negotiation with the landlord if the answer is "yes."
Generally, a lien would only result if there were an unpaid legal obligation which was determined in court, or voluntarily agreed to by you.