Legal Question in Real Estate Law in Massachusetts

How do I obtain a lien?

Thank you in advance for any help.

I am writing on behalf of my 78 year old mother. She has taken a $20,000. 2nd mortgage on her home and lent that money to my brother to help him try to save his home from foreclosure. It helped for a while, but time is running out and the bank is going to foreclose. I would like to know if she can obtain a lien in order to protect herself. What would be the first step? Thanks Again


Asked on 12/26/06, 5:11 pm

2 Answers from Attorneys

Re: How do I obtain a lien?

Have your brother sign a mortgage like agreement and record it. however, depsnding upon your brother's equity in his house, she will be wiped out by any predeceasor liens, like the first mortgage. If at foreclosure there is more money to recover than the first mortgage it will go to any lienholders of record.

I would suggest that your brother file a chapter 13 bankruptcy, I do not do bankruptcy law. That will allow him to stop the foreclosure and maybe sell the home to recover funds to pay his debts including your mother. Make sure your mother records a lien before your brother files bankrupcty.

Good Luck.

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Answered on 12/26/06, 5:23 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: How do I obtain a lien?

I agree with attorney Roth.

Foreclosure is probably going to wipe out any equity.

It the 20$K didn't help, probably nothing will.

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Answered on 12/26/06, 7:29 pm


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