HARTOG, BAER & HAND, A.P.C. v. CLARKE

No. 20-P-170.

99 Mass. App. Ct. 460 (2021)

HARTOG, BAER & HAND, A.P.C. v. THOMAS H. CLARKE, JR.

Appeals Court of Massachusetts, Suffolk.

April 9, 2021.


Attorney(s) appearing for the Case

Jordan L. Shapiro for the defendant.

David C. Aisenberg for the plaintiff.

John Pagliaro & Martin J. Newhouse , for New England Legal Foundation, amicus curiae, submitted a brief.

Todd Kaplan & Robert Sable , for City Life/Vida Urbana, amicus curiae, submitted a brief.

Present: VUONO, MEADE, & BLAKE, JJ.


The question presented in this appeal is whether a judgment creditor may levy on an execution upon property protected by a declaration of homestead and then suspend any further action to collect on the execution until the homestead protection has lapsed or the homeowner's equity in the home exceeds the amount protected by the homestead...

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