Legal Question in Real Estate Law in Massachusetts

I am in the middle of a divorce and we've been married for 9 years. We have no children and the only thing we own together is a townhouse. She left me (cheated) 4 yrs ago, left and I've hardly seen her since. I was left with a mortgage and a ton of other bills that I couldn't afford. Now the towhhouse is almost in foreclosure. I was finally able to get in contact with her so we could start divorce proceedings. We have a buyer for the house to save it for going into foreclosure, the purchase and Sale has been signed (she would hardly cooperate with the signing of documents) but now we found out a lien on her against the house exists. I/My lawyer have done everything we can to get her to sign this lien and take care of it buy calling the accountant but she wont' take care of it. We've always filed married/seperate and from what I know the lien is NOT on me but only her. I dont' know what else to do at this point because she's not cooperating and my lawyer/her lawyer can't get in touch with her. She's ignoring all certified mail etc. The house will be taken from the bank and my credit will be ruined very SOON. Is there anything that you know of from a legal stand point that I can do so my credit wont be ruined by foreclosure. I'm very frustrated and just want to move on with my life.

Thanks!!!


Asked on 2/17/10, 8:10 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

It sounds like you need to file for divorce, if you haven't already, and proceed without her cooperation.

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Answered on 2/22/10, 8:39 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I agree. Have you filed for divorce?

You need to file for divorce, and get a court order that permits you to sign or that orders her sign the required documents.

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Answered on 2/22/10, 11:02 am


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