Legal Question in Real Estate Law in Massachusetts

We had to use a Betterment Loan to install a $46,000 septic system in 2012, then the economy crashed, my husband was unemployed and we now have to modify our mortgage. We were unaware that the loan would prevent us from touching our mortgage for the next 18 yrs. We will lose our home and the equity is not available to include paying off loan. Is there any way around this issue?

Thank You


Asked on 3/27/14, 6:33 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I can't think of any way around this issue, and I look forward to the creative ideas of others. Any other loan or lien on your property is going to cause problems if you attempt to modify or refinance your first loan. This is most likely an issue between you and the underwriting department of your lender. I wish you the best of luck, and I'm sorry I couldn't be more optimistic.

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Answered on 3/27/14, 8:45 am


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