Legal Question in Real Estate Law in Massachusetts
Is a mortgage granted by only one owner of real property held as "tennants by the entirety" a legal and binding mortgage?
If the borrower defaults, may the mortgage holder foreclose?
1 Answer from Attorneys
A mortgage granted by only one one of two owners of a property held as tenants by the entirety, provided the property was held as such, can be foreclosed by the lender, however they with respect to the grantor's interest. They cannot however take possession of the property. However, it the loan was used to pay-off a prior lien on the property the lender may seek reformation of the mortgage and seek to obtain possession by foreclosure by seek equitable subrogation.
The facts and circumstances will determine the out come of the matter. I suggest you contact an attorney ASAP.