Will a declaration of homestead protect against title defects?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will a declaration of homestead protect against title defects?
I am about to buy a house. I am 64 and therefore can file a declaration of homestead providing protection of the total value of the property 375,000.00. Will the declaration of homestead protect against defects in my title or should I obtain title insurance?
Asked on May 7, 2019 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, the homestead law and homestead declaration protects from levy on, liens on, etc. made against your home for your debts. It does NOT protect from pre-existing (i.e. existing as of when or prior to when you closed) defects in title of the property, or for liens on the property which predate your purchase. For that, you need to purchase title insurance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.