Legal Question in Banking Law in Massachusetts

Hello,

I owe a credit union $40,000+ on a credit card and have not been making all the current payments. I am behind $1800 in payments for 120 days.

I got a call from the credit union this morning, and they said at 180 days they are going to put a lean on my property

This credit card is 100% in my name only

My house is not mine, but was given to my wife by her Father. My name is not on it. I think the credit union assumes that bot our names are on the house. Can the credit union put a lein on my wifes house?


Asked on 9/02/09, 11:06 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I think you are correct.

But under Mass law, you have a marital interest in the property.

You would have to see who signed off on the loans or credit card, and read the agreement.

It is my belief that they would have to file a court action and with it, seek a lien.

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Answered on 9/07/09, 8:00 pm


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