Does homestead act protect me from association selling my home?
Full Question:
I live in a town house and I stopped paying my condo fee because they did damage to my playroom and not fixing it also work not being done outside the house nails coming through the wood etc and little things. Any way they took me to court and they won the case against me plus there attorney fees, I did not have a lawyer but when the paper came back from the court it did not give me any right of appeal but said on it to the association the judge told them they are to publish my house to sell it for the damages I owe 9,000. I have the home stead act on my home can they up and sell this from under me like that with out other options and also does the home stead act protect me? I was told it did but I want to make sure from an expert.
05/28/2007 |
Category: Real Property ยป Homestead |
State: Massachusetts |
#5991
Answer:
The following is a MA statute:
CHAPTER 188. HOMESTEADS
Chapter 188: Section 1. Right to acquire homestead; exemptions; definitions
Section 1. An estate of homestead to the extent of $500,000 in the land and buildings may be acquired pursuant to this chapter by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise and who occupy or intend to occupy said home as a principal residence. Said estate shall be exempt from the laws of conveyance, descent, devise, attachment, levy on execution and sale for payment of debts or legacies except in the following cases:
(1) sale for taxes;
(2) for a debt contracted prior to the acquisition of said estate of homestead;
(3) for a debt contracted for the purchase of said home;
(4) upon an execution issued from the probate court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children;
(5) where buildings on land not owned by the owner of a homestead estate are attached, levied upon or sold for the ground rent of the lot whereon they stand;
(6) upon an execution issued from a court of competent jurisdiction to enforce its judgment based upon fraud, mistake, duress, undue influence or lack of capacity.
For the purposes of this chapter, an owner of a home shall include a sole owner, joint tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an estate of homestead in any such home for the benefit of his family; and provided further, that an estate of homestead may be acquired on only one principal residence for the benefit of a family. For the purposes of this chapter, the word “family” shall include either a parent and child or children, a husband and wife and their children, if any, or a sole owner.
