Section 9. An estate of homestead shall be subordinate to a mortgage encumbering the home executed by all the owners of the home. For the purposes of this chapter, a mortgage shall include an instrument granting a security interest in a manufactured home or cooperative housing unit. The subordination shall not require the signature of a spouse who is not an owner. A mortgage executed by fewer than all of the owners of a home that is subject to an estate of homestead shall be superior only to the homestead estate of the owners who are parties to the mortgage and their non-titled spouses and minor children, if any.
No statement that a homestead estate shall be subordinate to the mortgage shall be required in the mortgage instrument and nothing contained in a mortgage or any document executed in connection with the mortgage shall affect or be construed to create, modify or terminate a homestead estate, other than to subordinate it to the mortgage as aforesaid. A mortgage lender shall not require or record a release of homestead in connection with the making and recording of a mortgage.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Section 2 - Homestead Protection for Elderly or Disabled Persons
Section 3 - Acquisition and Creation of Estate of Homestead; Exemptions
Section 5 - Declaration of Homestead; Contents; Recording
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 12 - Set Off of Homestead Estate to Insolvent Debtor; Appraisal of Property
Section 14 - Notice of Right to Declare Homestead Protection Required in All Mortgage Transactions