How would I go about selling a parcel of land that is on the same deed as my primary residence which has a mortgage on it?

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How would I go about selling a parcel of land that is on the same deed as my primary residence which has a mortgage on it?

I have an extra 6000 sq. foot lot that is separate from my home that I would like to sell. It isn’t a legal size lot so the city combined it with the deed on my home. When I refinanced my home last year this separate lot was not included in the appraised value of my home, am I able to just sell it or do I have contact the mortgage company in order to do so??

Asked on July 7, 2011 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Massacheusetts property laws are very different from the other states in the United States so I would suggest that you seek help from an attorney in the matter in your area.  You indicate here that  it is "not a legal size" which I am interpreting to mean that the lot is not a size that can stand alone for someone to build on it.  Additionally, most land have block and lot designations and your block and lot probably includes the land.  It would have to have its own designation for tax purposes, etc. and for recording.  as for the lot not being included in the appraisal, that seems odd.  Find out why.  Good luck.


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