Legal Question in Real Estate Law in Massachusetts

We received a notice to vacate within 72 hours. When we bought the house we file a Declaration of Homestead. isn't this supposed to help keep us in the house?

Asked on 11/13/17, 9:13 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

It sounds like your house has been foreclosed upon. The answer to your question depends upon what is happening. If your house was foreclosed for non-payment of mortgage then the homestead has no effect because the homestead does not protect against voluntary liens. If it is a different type of lien then you may have a claim. However, Massachusetts law does not allow 72 hour notice to vacate unless a court has issued a judgment for possession of the property. You should consult an attorney as soon as possible. This is a complicated area of law and not well suited to an answer in a forum such as this.

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Answered on 11/14/17, 5:45 am

Christopher Vaughn-Martel Charles River Law Partners, LLC

The homestead declaration only protects your equity from certain creditors and debts and it will not stop a foreclosure.

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Answered on 2/14/18, 9:06 am

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