Legal Question in Real Estate Law in Massachusetts

Question on liens. If creditors (credit cards) plave liens on your property (home) that is on the market. If the house does not sell and the mortgage company forecloses on the home, can the creditors change their mind and remove the liens and decide to go after you if you are disabled and only source of income is federal gov. money which is exempt. *Liens were placed on through court so judgement was made for the lien on that property. What happens to those liens????


Asked on 3/26/14, 10:30 am

2 Answers from Attorneys

The credit card companies did not waive their right to collect from you simply by filing a lien on your home. If they get paid out of the sale proceeds they are done. If not they can pursue the matter in other ways.

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Answered on 3/26/14, 11:00 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with Attorney Roth. Recording the execution on money judgment as a lien against your real estate does not mean that the money judgment goes away simply because the real estate does. So, to answer your question, the liens go away if the real estate goes away, but not the underlying money judgment or other obligation.

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Answered on 3/26/14, 6:22 pm


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