Legal Question in Criminal Law in Massachusetts

Real Estate Lien

I would like to place a lien against a home, because the homeowners basically owe me money from a sale of my home.

I gave him my closing check, because of the Patriot Act, and he was to help me purchase another property in another state.

Can I place a lien against the home he and his wife own (she is his administrative assistant)?

The property is owned jointly by them and not homesteaded.

I am now 57 and would this come under elder law or criminal law??

Thank you

--name removed-


Asked on 6/18/07, 1:29 am

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Real Estate Lien

In short, no lien. Liens on homes are for contractors who improve the real property and don't get paid. You could sue to collect what you are owed, and those suits move quickly to judgment. In that suit, you might try for an attachment of assets, perhaps the home, but likely more liquid assets, like case, open receivable due him, etc. But that's labor intensive and hard to get; only available if you will likely win the lawsuit and can demonstrate "irreparable harm" absent the attachment. Most courts say losing $ is not irreparable, unless you can show the debtor will not be able to satisfy the judgment in your favor. Finally, if litigation is filed, you could file a lis pendens, which is an antiquated procedure which acts like a lien. It is a notice filed on the title to the home notifying the public (his debtors and potential debtors) of the existence of your dispute about the home. Since your claim is really a collection case, however, I'm not convinced a lis pendens is appropriate; your case only tangentially involves the home.

Probably no criminal culpability unless there are facts to support that he essentially stole the money from you with no intention to pay back, but even then its really a civil fraud case.

I do not understand the reference to the Patriot Act or its significance to the dispute you describe.

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Answered on 6/18/07, 2:06 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Real Estate Lien

This is a very confusing question. I am not sure what the patriot act has to di with it.

This appears to be a civil matter for which a civil action seems to be the remedy.

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Answered on 6/18/07, 9:32 am


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