Legal Question in Real Estate Law in Massachusetts
Placing a lean on real estate
A ''former'' friend owes me aproximatly $3100. He has made no attempt to pay me back and I don't think he has any money or a job to pay me in the future. If I win a small claims disput, can a place a lean on the property my friend owns?
1 Answer from Attorneys
Re: Placing a lean on real estate
Yes, you may be able to place a lien on any property after you obtain a judgment. You will need to file additional papers requesting a judge to approve an attachment in the amount of your judgment and then you would need to file the court approved attachment with the Registry of Deeds in the county where the property is located. Prior to proceeding, you should try to determine how much equity your "former friend" has in the property. If the property is fully mortgaged, then you would not be paid when the property is sold since any prior lien holder (mortgage holder) would be entitled to be paid first. Also, the property owner may have filed a Declaration of Homestead which would protect his/her equity in the property up to $300,000.00. It would be wise to try to determine what types of assets your friend may owne and how much equity he/she has prior to filing a lawsuit and incuring more costs.