Louis W. Mountzoures Attorney at Law
Louis W. Mountzoures, Esquire
30 Turnpike Road, Suite 4
Southborough, MA 01772

508-480-8881 office
508-480-8854 fax
508-259-8100 cell

Massachusetts Bankruptcy Attorney
Representing Clients for over 25 years
Louis W. Mountzoures Attorney at Law

 

Massachusetts Homesteads

What is a Homestead?

A Homestead is a type of protection for a person’s residence. There is an automatic homestead protection of $125,000. A filed legal document called a “Declaration of Estate of Homestead” allows homeowners in Massachusetts to protect their property up to $500,000 of the value of their primary residence, per family. The document must be filed at the Registry of Deeds in the county where the property is located.

Who can file a Homestead?

The owner or owners of a home who occupy the home as a principal residence, may file for the Homestead protection. A sole owner, joint tenant, tenant by the entirety, tenant in common, life estate holder, or holder of a beneficial interest in a trust may all be regarded as owners.

How am I protected?

The home shall be protected against subsequent attachment, levy on execution or sale to satisfy debts to the extent of $500,000 per residence, per family.

Is there anything I will not be protected from?

The following are examples of some debts that are exempt from the Homestead Law:
Federal, state and local taxes, assessments, claims, and liens; Mortgages used to purchase the residence and additional mortgages held by financial institutions or others; An execution issued from the Probate Court to enforce its judgment that a spouse pay for the support of a spouse or minor children; A lien on a home recorded prior to the creation of the Homestead (except in some instances when a homestead is followed with a bankruptcy filing).

What happens to my Homestead if I should re-mortgage or take out a second mortgage or home equity loan?

Existing law on the effect of what happens to a homestead if you refinance your property is unclear. If you are in this situation, our firm can advise you whether you should file a new homestead after refinancing.

A homestead is a valuable right for homeowners in Massachusetts.

Our firm offers a free consultation at which we will explain how homesteads work in Massachusetts, and how they may help you. We will also prepare a Declaration of Homestead on your behalf, free of charge.

 

Louis W. Mountzoures Attorney at Law

 
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