Judgment Lien On Real Property In Massachusetts
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As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date.
General Liens in Massachusetts A general lien on real estate entitles the creditor to the property until the owner pays off the applicable debts. This means that any property can be sold to clear the debt.
A lien which results from a judgment shall terminate not later than twenty years from the date it was created.
The judgment lien is not going to impact a homesteaded property so the mortgage lender would be able to obtain a first lien on your property. So, as long as you otherwise qualify for a mortgage, the judgment lien should not be a problem.
The creditor files the judgment with the registrar of deeds in any Massachusetts county where the debtor has real estate now or may have real estate in the future. For liens on personal property, the creditor files a copy of the judgment with the city or town clerk.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
And a homeowner may find it difficult to sell any property that has a lien against it. Prospective buyers may avoid a property to which someone else has a claim.
Generally, the Registry of Deeds is responsible for filing liens and typically allows interested individuals to search its database for liens on any property in the state. Most documents filed with this office are available online.
Undiscovered liens can result in high fines and even foreclosure on the home you worked so hard to obtain. Creditors should make all possible attempts to notify property owners of liens placed on their property but some liens can still go unnoticed so homeowners must take steps to protect themselves.
