Worcester Homestead Declaration Lawyer

The Massachusetts Homestead Act provides limited protection of the value of the home, up to $500,000, against unsecured creditor claims. You can view the entire Massachusetts Homestead Act by clicking on this link General Laws (MGL) Chapter 188, §1. The Homestead Act 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. If you are unsure if you are protected or if you know that you are not call us to prepare and record a Homestead Declaration for you today. It is one of the most inexpensive forms of insurance that anyone can buy. There is no monthly or yearly premiums. There is merely the one time cost to prepare the instrument and a one time recording fee to record the instrument at your local Registry of Deeds. Tell us the legal owner of the property, its full address and the approximate year that you purchased the property and we will do the rest. Call or click on the link below to contact us. Let Gregory Casale Attorney At Law protect your rights. Contact Us today by telephone at 508-752-7500 or e-mail us at gc@attycasale.com or simply click on this link and fill in your information and will get back to you immediately upon receipt. How Does it Protect Me? What if I am Married? The declaration of homestead is filed at the Registry of Deeds for the county where the property is located. The Act has two sections under which a person may file. Under Section 1 an owner of a home may file for the benefit of his or her family. Although only one owner files, a declaration filed by one spouse benefits both, and their children. Under Section 1A, a person age 62 or older (or a disabled person) may declare an Elderly or Disabled Person's Homestead. The Section 1A homestead benefit does not extend to other family members, but each qualified owner may file separately. Upon filing a Declaration of Homestead in Massachusetts, the property is exempt from attachment, execution or forced sale for the payment of "non-exempted" debts.

Does it Protect Me Against All Creditors? The following is a list of problems that are not protected by the Homestead Act: federal, state and local taxes and liens; mortgages contracted for the purchase of the home and most other mortgages; debts and encumbrances existing prior to the filing of the declaration of Homestead; probate court executions for spousal or child support; attachments on land not owned by the owner of the homestead; and court ordered executions in cases of fraud, mistake, duress, undue influence, and lack of capacity. How Do I Become Protected?
We strongly advise our clients to record a Homestead Declaration along with the deed at the time of purchase of a new home. However, it is never too late. You property will be secure as soon as we prepare, execute and record your Homestead Declaration. It is only done one time and remains in effect until you change the ownership status of your property. This may include refinancing. Let us check your status today and prepare your declaration of you are not already protected. Contact Us today by telephone at 508-752-7500 or e-mail us at gc@attycasale.com or simply click on this link and fill in your information and will get back to you immediately upon receipt.