Massachusetts General Laws
Mass. Gen. Laws ch. 188, § 8 (2026)
Prior mortgages, lien or other encumbrance
✓ current as of July 2026
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Section 8. No estate of homestead shall affect a mortgage, lien or other encumbrance previously existing, except as provided in this chapter.
Notes of Decisions
Cited in 3
cases, 2011–2016 · leading case: Lassman v. OneWest Bank, FSB (In Re Swift), 458 B.R. 8 (Bankr. D. Mass. 2011).
Lassman v. OneWest Bank, FSB (In Re Swift), 458 B.R. 8 (Bankr. D. Mass. 2011). “Mass. Gen. Laws ch. 188, §§ 8 , 9; In re Sullivan, 387 B.”
Goldsmith v. Woodman (In re Woodman), 497 B.R. 668 (Bankr. D. Mass. 2013). “Citi asserts that because Mass. Gen. Laws ch. 188 § 8 prevents homesteads from affecting previously existing mortgages and because the Woodmans contractually subordinated their right to claim a homestead in the Lowell property to Citi’s interest in such property, their exemption…”
DeGiacomo v. First Call Mortg. Co. (In re Reznikov), 548 B.R. 606 (Bankr. D. Mass. 2016). “2011)(citing Mass. Gen. Laws ch. 188, §§ 8 , 9). In the instant case, the Mortgage was executed before the Debtor’s homestead exemption was filed.”
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