How A Creditor Can Use Real Estate Attachments To Recover Money
Last updated on May 28, 2026
In Massachusetts, a real estate attachment is a legal remedy that allows a creditor to secure a debtor’s real property before a final judgment, but only with approval from the court. To do this, the creditor must file a motion and demonstrate to a judge that there is a “reasonable likelihood” they will win the lawsuit. If the court grants the motion, the attachment creates a legal lien (an encumbrance) on the property’s title.
This lien does not legally forbid the debtor from selling the property, but it effectively prevents a sale or refinance because the lien would remain attached to the property, making it unsellable on the open market. This court order increases the likelihood of payment by keeping the property’s value available to satisfy the debt if the creditor wins the case.
The experienced collections attorneys at the Law Offices of Alan M. Cohen & Associates LLC utilize these attachments to establish a placeholder for your execution. When you secure an attachment, your security interest takes precedence over subsequent attachments or mortgages. This crucial advantage holds true even if later-filed cases result in judgment before you obtain one against your debtor.
Read an example of how we used a real estate attachment as part of a strategy that led to us successfully collecting more than $30,000 in past-due payments for a plumbing supplier.
How To Obtain A Real Estate Attachment In Massachusetts
Securing a real estate attachment in Massachusetts typically involves one of two methods: providing notice to the defendant or pursuing an ex parte attachment without prior notification. In Massachusetts, obtaining an ex parte real estate attachment is generally more challenging due to concerns about fraudulent transfers. However, courts may be more inclined to issue an ex parte attachment if there’s a pending sale of the property or if notifying the defendant would likely lead to conveying, concealing, or encumbering the asset, thereby reducing the debtor’s equity in the real estate.
What Are The Prerequisites For A Real Estate Attachment?
As with all discretionary policies, judges exhibit varying interpretations regarding the prerequisites for a real estate attachment and what factual allegations suffice to warrant its issuance. Some judges may entirely disallow an ex parte attachment. Others might permit it, provided it is demonstrated that the debtor cannot be trusted to refrain from taking adverse action on their real estate if notified in advance or if a pending sale on the property is discovered.
The Importance Of Acting Quickly
In Massachusetts, if a deputy sheriff levies and suspends your execution within 30 days of its issuance, your claim will leapfrog ahead of all later attachments. This makes swift action in these cases absolutely vital. Our aggressive Massachusetts commercial collection lawyers have more than 60 years of experience in commercial debt discovery, prejudgment security and post-judgment collections. We not only know how to win judgments but also how to effectively collect them using strategies such as real estate attachments. From our office in Framingham, we proudly serve Greater Boston and all of Massachusetts, including Worcester, Springfield and Boston.
Some attorneys delay action, waiting to obtain judgment and execution before attempting to collect their clients’ debts. This approach, unfortunately, offers no protection from intervening creditors whose collection efforts might be just as vigorous as ours. Don’t entrust your debt collection and judgment enforcement to those who merely dabble in this complex area. Debt collection is the specialized focus of the Boston-trained, experienced and relentless collections attorneys at the Law Offices of Alan M. Cohen & Associates LLC.
Businesses across Massachusetts consistently turn to the debt collection lawyers at the Law Offices of Alan M. Cohen & Associates LLC. Our team skillfully leverages available tools such as real estate attachments, trustee attachments, personal property attachments, keeper attachments and reach and apply injunctions to maximize the likelihood of debt recovery. The top-rated collection attorneys at the Law Offices of Alan M. Cohen & Associates LLC are committed to strongly, aggressively and quickly pursuing prejudgment attachments, including real estate attachments, to help ensure you are at the front of the payment line.
Secure Your Real Estate Attachment Today
For innovative, aggressive, ethical and effective business debt collection from entities subject to Massachusetts jurisdiction, connect with the top-rated collections attorneys at the Law Offices of Alan M. Cohen & Associates LLC. Our comprehensive skill set encompasses utilizing real estate attachments, along with other attachment methods and means of obtaining prejudgment security, to significantly improve your chances of getting paid once you win. If you have delinquent accounts receivable or unpaid judgments, adding the Law Offices of Alan M. Cohen & Associates LLC to your team is a strategic move.
Call us today at 508-763-6604 or email us today.