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Liability for amounts beyond declaration of homestead protection.

I have a declaration of homestead in place. I know this isn't likely to happen, but if I get sued and lose and the value of my home is more than the protected amount, can the judgment creditor force me to sell my house to pay the debt?

Editor's Response

As you may know, a declaration of homestead protects the owner against most claims that arise after the declaration is filed, up to $500,000. However, in the situation you describe, assuming you have no other way to pay the judgement, and their is no insurance that might cover the judgement, such as automobile or homeowners insurance, the plaintiff may be allowed to force you to sell your house.  So, for example, if you sell the house for $600k and there is no mortgage, the creditor may be able to go after that excess $100 in equity.  Follow this link for more general information about a declaration of homestead in MA.

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