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.
- Category: Real Property
- Subcategory: Homestead
- Date:
- State: Massachusetts
Answer:
The Massachusetts Homestead Act provides protection for homeowners. Under this law, a homestead estate can protect up to $500,000 of your home’s value from certain debts. However, there are exceptions where the homestead protection does not apply. These include:
- Debts contracted before acquiring the homestead estate.
- Debts related to the purchase of the home.
- Tax sales.
- Judgments for spousal or child support.
- Debts related to ground rent for buildings on land not owned by the homeowner.
- Judgments based on fraud or other legal issues.
Since your condo association has taken you to court and won a judgment against you for unpaid fees, they may be able to enforce this judgment, potentially leading to the sale of your home. The homestead act may not protect you if the debt is for fees related to your condo association. It’s advisable to consult with a legal expert for guidance specific to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.