Legal Question in Elder Law in Massachusetts

Medicaid Lien

If there is a mortgage on a property first and then Medicaid puts a lien on the property does the Medicaid lien trump the existing lien? If not and the first mortgage was to forclose would it wipe out the Medicaid lien?


Asked on 5/09/07, 3:31 pm

1 Answer from Attorneys

Alexandra Golden Golden Law Center

Re: Medicaid Lien

Generally, preexisting liens for mortgages, taxes, etc. take precedence over MassHealth liens and get paid off first.

It is important to verify whether the MassHealth lien is actually valid. The MassHealth lien may not be placed if a surviving spouse or another relative protected by law.

I have been practicing elder and Medicaid law since 1998 and welcome the opportunity to be of assistance.

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Answered on 5/10/07, 12:03 am


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