Legal Question in Real Estate Law in Massachusetts
real estate liens
if i can not pay my credit cards, my house is in a family trust and under the homestead act, can a lien be placed on the house ?
2 Answers from Attorneys
Re: real estate liens
yes, if properly done by the creditor.
Re: real estate liens
Depending on the circumstances, a settlement can often be negotiated with creditors.
In addition, bankruptcy remains a viable option for some clients.
To answer your question, however, creditors have the right to file suit and seek an attachment against your home. While a properly recorded homestead declaration can sometimes prevent the sale of the family home (with exceptions), an attachment will remain on the property nonetheless.
Please feel free to contact my office should you like to schedule an appointment.
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