Legal Question in Real Estate Law in Massachusetts

Attorney Liens

Recently, I learned that an Attorney who represented my mother in a divorce proceeding in 1989 has an $18,000 Lien against the family home. I would like to know what process this attorney went through to procure the Lien as well as whether their are any legal avenues to contest this Lien, even after some 18 years have passed?


Asked on 2/24/07, 1:54 pm

1 Answer from Attorneys

Re: Attorney Liens

You would have to look at the basis of the lien, whether it is the result of a judgment or the result of a consent agreement between your mother and the attorney.

If it was done by consent, that may raise a problem with respect to her homestead exemption. If it was done by judgment, it will depend when it was filed. There is a limit to how long a judgment even if recorded can stay valid as an attachment. If it was filed in 1989 and is not part of a note and consent, it may not be unenforceable.

Please feel free to contact me if you have more questions.

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Answered on 2/24/07, 4:24 pm


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