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i have the homestead exception on my home and i thought credit cards were unsecured
Yes, the judgments and liens will all need to be paid off when you sell the property. The homestead protects you against creditors selling off your house to pay the debts, but not against your need to pay the debts themselves and any buyer will require that the liens be removed prior to closing. The only alternative is to negotiate directly with each creditor to see if they would be willing to remove their lien in exchange for you paying some amount less than what you owe them. I would recommend that you contact an attorney to help you through that process of negotiating with the creditors.See question
What gets owed after a foreclosure? Mass. is the state if it matters. One source said Mass is non-recourse, most said otherwise, and another mentioned purchase money mortgages being different, not really sure what that even is. Right now there's (...
Further to Attorney Ostendorf's response, the bank has the right to foreclose on the mortgage if payments have not been made, but they have no requirement to do so. And there are a number of reasons why a bank may choose not to foreclose in a particular property - depreciated value of the property, too many other foreclosed properties on their books, etc. So, even though the mortgage has been unpaid for 6 years, the bank has no duty to initiate foreclosure and has the right to just allow the interest and other penalties to continue to accrue.See question
are we required by law to have a lawyer ? what can happen if we don;t have a lawyer
There is no law that requires you to have an attorney when you sell a house. However, there are many things a lawyer can do to help protect you during the sale and after, particularly where this is an estate sale and you need to make sure you have all of the paperwork from the probate properly completed so that are able to sell the property.See question
House deed with life estate between two parties, one has been gone for over a year.
There is no time limit on a life estate. Unless something in the deed specifically limits the time or makes it subject to the person continuing to live in the property, someone holding a life estate in a piece of property owns that interest for so long as they live, and it only terminates when they die, regardless of whether they actually live in the property.See question
When in a mortgage refinance is marital status verified? If at all? What are the consequences for being a married person but listing your status as "single" on the mortgage application? Will this ever be investigated/verified? This is for Mass...
The first question is why would/did someone misrepresent their marital status? Ultimately, marital status is not relevant to the making of the loan. If the loan is solely in one person's name the lender looks only to that person's credit, and not their spouse, in determining whether they will make the loan, and under the Equal Credit Opportunity Act a lender cannot discriminate against a borrower based on their marital status. But providing false information on a loan application constitutes fraud, which is a criminal violation.See question
Full possession of said premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear ther...
The language means that the seller has a contractual obligation to deliver the property to you without tenants, and if they can't do so they may be in breach of the P&S. However, if there are tenants in the property they also have certain rights and depending on the timeframe for when you expect to close, whether the tenants have leases or are tenants at will, and other factors, the seller may not legally be able to remove them before your closing. As mentioned by the other attorneys who have responded, this is a complex issue and you should consult with an attorney as soon as possible about your rights.See question
The town is reassessing homes every nine years. Is it necessary for the Assesor to enter the house in order to do their job?
In Massachusetts, the municipality does have the right to send an inspector to your home, and part of their inspection would include entering your home your home to determine what improvements or alterations may have been made that would have an impact on the assessed value of the property. You also have the right to ask them not to enter your home. However, in doing so, you would waive the right to later challenge the assessment of your property if you believed that it did not accurately reflect the condition or value of the property.See question
In April, 2013, my husband and I purchased a single family home in Avon, MA. The deed was recorded the same day and the town knows the purchase price. Last week, we received a Sales Verification Form from the Board of Assessors asking us to answ...
The municipality does have the right to ask questions to verify the details of your property, and even to have someone inspect the property. You have the right to refuse to answer or to permit inspection but in doing so you also would be waiving your right to challenge the assessed value they give to your property if you disagreed with it.See question
The First mortgage to the bank is being paid, but I am not. If it is possible for me to foreclose and take title, is the current owner still bound to pay the First, or do I have to assume that mortgage? Thank you for your input.
As a second mortgage holder you can foreclose on the mortgage. However, since there is a mortgage ahead of you in first place you would have to notify the first mortgage holder of the foreclosure, and if ultimately the property were sold in foreclosure the first mortgage holder would get paid first, and then you would receive any additional amount from the sale (up to the amount actually owed to you for your mortgage). If the amount from the sale of the property was not enough to pay off both the first mortgage and your mortgage, the first mortgage holder would be paid in full and you would get the remainder. You would then have the option to go to court to get a deficiency judgment against the borrower for any amount still owed to you.See question
I specifically remember a homestead declaration being filed several years ago, but an online search in the registry does not show the homestead declaration anywhere under either of our names. The home was refinanced since that time but I thought t...
A homestead would not usually be listed under a different document name. And yes, you could file a new homestead if you wish. However, before doing so you may want to hire an attorney to review the title to your property for you. It's possible that the homestead was recorded but was not indexed correctly (names and addresses can sometimes be misspelled in the online index) and an attorney may be able to locate the original homestead for you.See question