Owen and Patricia are joint tenants on a property in Lowell, Massachusetts. Owen takes out a mortgage on his interest in the property without Patricia's knowledge or consent. Owen later pays off the mortgage in full. Under Massachusetts law, what effect did Owen's mortgage have on the joint tenancy?
Correct Answer
A) Massachusetts follows the lien theory of mortgages, so the joint tenancy was not severed and was restored upon payoff
Massachusetts follows the lien theory of mortgages, meaning a mortgage is treated as a lien on the property rather than a conveyance of title. Under lien theory, granting a mortgage does not transfer legal title and therefore does not sever a joint tenancy. Because Owen's mortgage was treated only as a lien on his interest (not a conveyance), the four unities of the joint tenancy were never broken. The joint tenancy remained intact throughout, and upon payoff, there was nothing to restore — it had never been severed. This contrasts with title theory states where granting a mortgage would sever the joint tenancy.
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Key Terms:
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