Legal Question in Real Estate Law in Massachusetts
Real property
A creditor has filed a writ of exeution against me for $1200.00. It is my understanding that they cannot sell my home to satisfy the debt, but rather it remains as a lein on my property, is this correct? thanks, keane
3 Answers from Attorneys
Re: Real property
You may want to have this document reviewed by an attorney. Debt collection agencies are very aggressive in the collection of debts these days, and they may use misleading or confusing mailings in an effort to scare debtors into paying.
Before an execution can issue, there must have been a trial in which you were either found responsible for the debt or a default judgment was entered against you (i.e., you didn't show up).
Re: Real property
That is correct. However,when you sell the real estate, that amount plus interest and attorney's fees will be deducted from your home sale proceeds.
Re: Real property
I would need more information.
Hopefully you had already filed a homestead on the property. Has a judgment actually been recorded against this property?
If not, I would homestead this property immediately. Often suing a creditor for "cause" can curtail their overly aggressive collection efforts.
Consult a knowlegeable attorney.
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