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