Thanks for your question and good evening.You would have protection here under MA law.I woudl suggest you attend court and bring proof of your homestead exemption here.he Massachusetts Homestead Act is a law under which a homeowner is protected by an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $500,000, against unsecured creditor claims. The Homestead Act is Massachusetts General Laws (MGL) Chapter 188.
The homestead estate is designed to protect home ownership from execution and forced sale, so long as the owner or covered family member occupies or intends to occupy the property as his or her principal place of residence.
Here the Massachusetts Homestead Act is a statute under which a homeowner such as yourself is protected by an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $500,000, against unsecured creditor claims. The Homestead Act is Massachusetts General Laws (MGL) Chapter 188.
Does the homestead act prevent attachment of a lien?
Will the homestead act prevent the attachment of a lien
No but it will prevent them from forcing sale of the property.So it is important for you to make sure the record reflects that you are claiming it as your homestead.
You will have to pay off the attachment before any sale of the property can occur.So it will lien the property and cloud title.
Here is the law.
Make sure you respond here in writing to the court setting out that this is your homestead and you are claiming it as such .Attach any evidence you have that supports that.And make sure you go to hearing.They can get an attachment to the property but cannot seek sale of homestead.
You might also want to check into bankruptcy as a means to discharge it.
If you have other debts as well this might be a viable option to get out from under this.
I wish you the best here in resolving all of this.
You are so welcome.I appreciate the chance to help you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).