Legal Question in Real Estate Law in Massachusetts
mortgage statue of limitations
In 1985 my dad purchased a house for me. I signed a promissory note and mortgage. I married in 1987, we have never made any payments on the mortgage. Dad has paid for everything, including oil taxes etc. Now husband and I are divorcing. His name was never on deed. He is now trying to claim 50% of house. Divorce started in 2005. Now husband sueing dad and I saying mortgage is no good because of 20 years statue of limitations. What is the thing to do?
1 Answer from Attorneys
Re: mortgage statue of limitations
This sounds more like a family law question.
I am not sure that the real estate aspects are key to its resolution.
Legally, if the note and mortgage were executed with the expectation that they were valid instruments, it certainly can be argued that they are effective, with your father "gifting" back to you the mortgage payments (although there may be tax implications).
If the mortgage has been recorded at the registry of deeds, it stands as a lien against the property. The question would then be whether any equitable principles would cause it to be disregarded.
You should certainly contact a family law attorney, because the outcome will depend in part on what happens in the probate and family court.
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