Your home equity is likely your biggest asset. In Massachusetts, a simple filing can shield a large portion of that equity from many creditors. If you live in South Boston, knowing how the homestead works can help you protect what you have built. In this guide, you will learn what the homestead covers, what it does not, and exactly how to file in Suffolk County. Let’s dive in.
What is Massachusetts homestead protection
Massachusetts law gives you two levels of protection on your principal residence. The automatic exemption protects $125,000 of equity without any filing, as defined in the statute’s terms and definitions. You can increase that protection by recording a Declaration of Homestead, which now shields up to $1,000,000 of equity under the 2024 update to the law.
- The 2024 change raising the declared amount to $1,000,000 is in the state’s session law. Existing recorded homesteads generally receive the increase without re-filing. See the 2024 Act.
- The automatic exemption and key definitions are in the statute. Review the homestead definitions.
Automatic vs. declared
- Automatic: You get $125,000 of protection by simply occupying the home as your principal residence. No paperwork is needed. Statutory definitions.
- Declared: Record a Declaration of Homestead to raise protection up to $1,000,000. This filing is recorded at the county Registry of Deeds. 2024 increase reference.
What it protects vs. what it does not
What it protects
A recorded homestead shelters your equity from many unsecured creditor actions, such as attachments, executions on judgments, and forced sales to collect unsecured debts. This protection applies to your principal residence in South Boston, including condos and owner-occupied multi-unit homes. Suffolk Registry overview.
What it does not protect
Homestead does not wipe out voluntary mortgages or security interests you agreed to. It also does not defeat tax liens, municipal liens, court-ordered child or spousal support, certain fraud-related judgments, or Medicaid liens tied to long-term care. Liens that existed before you recorded your homestead remain in place. Suffolk Registry explanation.
Who can claim it in South Boston
Your principal residence can be a single-family home, a condo, a manufactured home, a co-op, or an owner-occupied 2 to 4 unit property. Co-owners can claim the protection, and special allocation rules apply depending on how you hold title or if a trust is involved. For homes held in trust, the trustee records the declaration and identifies the beneficiary occupants. Learn more at the Suffolk Registry.
Elderly or disabled owners
If you are 62 or older, or disabled, the statute provides special rules that allow per-person protection at the declared level. Additional proof of age or disability is required with your filing, so follow the form instructions closely. See the elderly and disabled section of the statute.
Timing, priority, and mortgages
Homestead protection mainly impacts claims that arise after you record your declaration. It does not remove earlier liens on your property. Mortgages signed by the owners are superior to the homestead, and lenders cannot require a homestead release to make or record a mortgage. Read the mortgage and priority rules.
How to file at the Suffolk Registry
You record in Suffolk County for South Boston properties. The Suffolk Registry of Deeds is located at the Edward W. Brooke Courthouse, 24 New Chardon Street, Boston.
- Check the records
- Search the Suffolk Registry index to see if a Declaration of Homestead is already on file for your property. Registry search and info.
- Choose the right form
- Use the standard Declaration of Homestead form for natural persons or the trustee form if your home is in a trust. The Secretary of the Commonwealth also provides an overview and resources. Homestead overview and resources.
- Complete and notarize
- List all owners who should be covered, state that the property is your principal residence, and follow any extra steps if you are filing as elderly or disabled. Sign and have your signatures notarized. Form and filing details.
- Record and pay the fee
- File in person or by mail with the Suffolk Registry. The recording fee is modest. Registries commonly list a $35 fee, but confirm the current amount with the Registry before you go. Include a stamped return envelope to receive your original back. What you need to know.
- Keep your proof
- Store the recorded declaration with your closing documents and digital records.
Common South Boston scenarios
Should you file at all
You get $125,000 automatically, but most owners record the declaration for the higher protection. It is a low-cost step that many legal-aid resources encourage soon after closing if you want the enhanced shield. Practical guidance.
Refinancing your mortgage
Refinancing usually does not cancel a recorded homestead, and you do not have to re-file just because you refinance. Mortgages you sign remain senior to the homestead. Suffolk Registry guidance.
Selling and your proceeds
A sale can end the homestead on that property. Under state guidance, sale proceeds may be protected for a limited period or until you buy a new principal residence. Timing and documentation matter, so plan ahead. Registry overview.
Foreclosure risk
Homestead does not stop a mortgage foreclosure if you are in default. It is aimed at unsecured creditor actions, not your lender’s rights under your mortgage. Registry explanation.
Bankruptcy choices
In bankruptcy, a recorded homestead can increase the equity you may exempt under the Massachusetts exemption scheme. You generally choose either the federal or Massachusetts exemptions, not a mix. Because timing and facts are critical, speak with a bankruptcy attorney before filing. Bankruptcy overview.
Quick homeowner checklist
- Confirm whether a homestead is already recorded on your South Boston property.
- Decide if you want the enhanced declared protection up to $1,000,000 under current law. 2024 law update.
- Download the correct form, complete it, and get it notarized.
- Record at the Suffolk Registry and keep your receipt and recorded copy.
- For trusts, elderly, or disabled filings, follow the special instructions and include required documents.
Protecting your equity is smart planning, especially in a competitive South Boston market. If you want help aligning your filing with a purchase, sale, or refinance timeline, reach out to Joyce Lebedew for local guidance and a smooth transaction plan.
FAQs
What is the current Massachusetts declared homestead amount?
- The recorded Declaration of Homestead protects up to $1,000,000 of equity under the 2024 law. See the 2024 Act.
Do South Boston condo owners qualify for homestead protection?
- Yes. Condominiums used as your principal residence in South Boston are eligible, and you can record a declaration to increase protection. Suffolk Registry guidance.
Do I need to re-file my homestead after refinancing?
- No. Refinancing does not usually terminate a recorded homestead, and re-filing is not required just because you refinance. Registry explanation.
Does a homestead stop a mortgage foreclosure in Massachusetts?
- No. Homestead protects against many unsecured creditor actions, not a lender’s foreclosure on a mortgage in default. Registry overview.
How much does it cost to record a homestead in Suffolk County?
- The fee is modest and commonly listed as $35, but you should confirm the current amount with the Suffolk Registry before recording. What you need to know.
How do elderly or disabled homeowners claim added protections?
- File under the statute’s elderly or disabled section and include proof of age or disability as required by the form. Statutory section.
