Legal Question in Civil Litigation in Massachusetts

I am looking to sell my home and had an attorney run a title search, specifically because my ex-wife ignored debts. There were a few collection issues found and one I do not know what to do with. There is a preliminary injunction forbidding the house from being sold. This was from a contractor who purchased part of my business (Corporation) in 2000 or so. My wife was never part of the corporation, and the house was (still is) in her name. The injunction prohibits her from selling the house and is dated 2001. This is the first either of us ever heard of this. Is the injunction still valid after 14 years? What is my next step?

Thank you.

Asked on 8/08/15, 10:15 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

We have both a litigation practice and a real estate conveyancing practice and would be more than happy to assist you. You are very smart to seek a title search before putting your house on the market, as a surprise title issue can completely stop a deal and even force a buyer to walk. You need to gather your divorce paperwork and the paperwork relative to the injunction and related lawsuit. Your first step is to understand what restrictions, if any, exist on the sale of your home. Second step is to correct and or resolve those issues so that, lastly, you can market and sell your home in a seamless transaction that brings the most buyers and the highest offers.

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Answered on 8/08/15, 10:25 am
George Davis Law Office of T. George Davis, Jr.

Attorney Vaughn-Martell is correct that some research is in order to ascertain what is going on here. You are also correct that a standing 14-year-old "ex parte" preliminary injunction doesn't make sense. If, in fact, your information is correct that nothing has happened in that case since the preliminary injunction was imposed 14 years ago, you should be able to resolve that matter relatively easily and get the lien removed.

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Answered on 8/09/15, 7:11 am

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