Legal Question in Real Estate Law in Massachusetts
Can a lien be put on a house that involves one party but two on the deed of the
We have a lien on our home. My husband was a self-employed contractor and lost in court and has to pay monthly but the other person put a lien on our home and my name, the spouse, is also on the deed. Can they put a lien on my home if my name is on the deed and it does not involve me?
2 Answers from Attorneys
Re: Can a lien be put on a house that involves one party but two on the deed of
Yes, they can put a lien on your home because you own the house together, either jointly or as husband and wife as tenants by the entirety.
Perhaps you can refinance the house to payoff and discharge the lien. We work with several lenders and mortgage brokers that would be happy to assist you.
Re: Can a lien be put on a house that involves one party but two on the deed of
The short answer is they can put a lien on the home. However, assuming you and your husband own the home as tenants by the entirety, they can't do anything about it unless you sell the home or want to refinance. You may be able to refinance the home and pay-off the lien if that is of interest to you. You may even be able to settle the debt out at a discount depending on the value of the home and your circumstances.
If you have not already, you should file a Homestead exemption on the property.
Please feel free to contact me without obligation if you do not understand something I have said here.
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