Legal Question in Civil Litigation in Pennsylvania

I am considering paying off my mortgage. I have been told that in the event of a law suit of any kind that it is better to have a mortgage as having one provides some kind of legal protection or at least limits any potential financial penalties.


Asked on 2/05/12, 8:38 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

The mortgage company has a primary lien on your house. Therefore, if you are ever sued and a judgment is obtained against you, the house is protected from your creditors because the mortgage company has a first position on the property, and any judgment creditors have to deal with the mortgage company before they can touch your house. If you have no mortgage, then a judgment creditor may execute against your house directly.

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Answered on 2/08/12, 12:16 pm


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