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Ray
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Category: Real Estate Law
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Experience:  Texas Attorney for 29 years dealing in real estate
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I have been served a Summons in Massachusetts with a Motion

Resolved Question:

I have been served a Summons in Massachusetts with a Motion For Attachment of Real Estate and
a Complaint to Enforce Judgement from a Florida Court. I reside in Massachusetts and own a home
in MA that is my primary residence. In 2011, I filed a declaration of Homestead in MA on my primary residence. I cannot afford an attorney at this time and I have to answer the summons within 20 days.
Will the homestead protect me from attachment and how shoud I respond to the motion and complaint.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

RayAnswers :

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.

RayAnswers :

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.


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.

Customer:

Does the homestead act prevent attachment of a lien?

Customer:

Will the homestead act prevent the attachment of a lien

RayAnswers :

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.

RayAnswers :

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.

RayAnswers :

Here is the law.

RayAnswers :

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.

RayAnswers :

You might also want to check into bankruptcy as a means to discharge it.

RayAnswers :

If you have other debts as well this might be a viable option to get out from under this.

RayAnswers :

I wish you the best here in resolving all of this.

Customer:

Thank you


 

RayAnswers :

You are so welcome.I appreciate the chance to help you.

Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 30330
Experience: Texas Attorney for 29 years dealing in real estate
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