Massachusetts General Laws
Chapter 188 - Homesteads
Section 8 - Prior Mortgages, Lien or Other Encumbrance

Section 8. No estate of homestead shall affect a mortgage, lien or other encumbrance previously existing, except as provided in this chapter.

Structure Massachusetts General Laws

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title I - Title to Real Property

Chapter 188 - Homesteads

Section 1 - Definitions

Section 2 - Homestead Protection for Elderly or Disabled Persons

Section 3 - Acquisition and Creation of Estate of Homestead; Exemptions

Section 4 - Automatic Homestead Exemption in Absence of a Valid Recorded Declaration of Homestead; Subordination of Automatic Exemption to Subsequent New Loan or Line of Credit

Section 5 - Declaration of Homestead; Contents; Recording

Section 6 - Use and Enjoyment of Homestead Estate by Spouse and Minor Children During Pendency of Case Filed in Probate Court; Prohibition Against Disposing of the Estate Upon Order of Probate Court

Section 7 - Continuation of Estate of Homestead Existing at Death or Divorce of Holder for Benefit of Surviving or Former Spouse and Minor Children; Effect of Remarriage of Surviving or Former Spouse

Section 8 - Prior Mortgages, Lien or Other Encumbrance

Section 9 - Subordination of Estate of Homestead to Mortgage Executed by All Owners

Section 10 - Termination of Estate of Homestead

Section 11 - Protection of Proceeds Received on Account of Sale, Taking or Damage of Home Subject to an Estate of Homestead; Period of Protection

Section 12 - Set Off of Homestead Estate to Insolvent Debtor; Appraisal of Property

Section 13 - Effect of Statement of Marital Status of Grantor Contained in Deed, Release or Mortgage; Affidavit of Grantor, Releaser or Mortgagor as to Existence of Spouse

Section 14 - Notice of Right to Declare Homestead Protection Required in All Mortgage Transactions