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Real Estate Attachments: When Your Debtor Owns Land

On Behalf of | Jan 11, 2024 | Firm News


Securing a judgment for a debt and actually getting paid are two different things. However, if your debtor owns property in Massachusetts, your company has an edge on collecting the money that is owed to you.

At Law Offices of Alan M. Cohen & Associates LLC, our debt collection attorneys practice ethical and relentless debt collection. We use every remedy allowed to us by the laws in Massachusetts to recover debts and overdue payments on behalf of our clients. We implore creative strategies and we don’t give up.

What is a real estate attachment?

A real estate attachment is a pre-judgment attachment. An attachment allows you to attach your debt to an asset. In a pre-judgment attachment, you attach your debt to the asset before you seek a judgment from the court. If the court approves your attachment pre-judgment, the debtor may not sell the asset before the case is decided. In a real estate attachment, you are attaching your debt to a real estate interest owned by your debtor.

What happens when a real estate attachment is successful?

Ultimately, a successful real estate attachment means that you get paid the money that your debtor owes you. But getting to the payment can take a little bit of patience. After you receive your judgment, you can record your attachment with the Registry of Deeds. An attachment will put you at the front of the line of creditors. If there are other attachments on the real estate, they are prioritized by date. And then you wait.

The importance of a title search

In preparation of a real estate sale, title companies will conduct a title search. Because your attachment was recorded with the Registry of Deeds, any title search will reveal that you have a financial interest in the property. If and when the debtor attempts to refinance or sell the property, your debt has to be paid before the sale or transaction can be completed.

Consult a debt collections attorney today

Our debt collection attorneys at Law Offices of Alan M. Cohen & Associates LLC are thorough and creative. We conduct investigations and examine every possible method of helping you collect on your debt. To schedule a consultation, contact our office by calling 508-763-6604 or by reaching out to us using our contact form. We look forward to telling you more about how we can help you collect your debt.