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Questions Answered by Christopher Tolley
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Unclaimed Deposit to Bind Still in Escrow after Three Years

We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More

Christopher Tolley
Christopher Tolley
answered on Sep 23, 2024

It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More

1 Answer | Asked in Foreclosure and Probate for Massachusetts on
Q: Looking for any & all legal arguments that the executor of an estate has standing to contest legality of a foreclosure

Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also... View More

Christopher Tolley
Christopher Tolley
answered on Jun 25, 2024

I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to... View More

Christopher Tolley
Christopher Tolley
answered on May 6, 2024

1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a board of trustee of a cordiaminum prohibit washers and dryers in the units (they have hook-ups)?

Good afternoon: I just purchased a condo (apartment) and the trustee says washers and dryers are not allowed in the building. The trustee just says that the owners voted and except for 2 apartments, the rest of the owners voted against washer and dryer in the building. I am wondering if this... View More

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

I have never heard of a condominium prohibiting washers and dryers. I would think you would have explored that in the process of buying the condo. I took a quick look a the statute and I found nothing stating one way or the other the permissibility of washers and dryers. Is it that they are... View More

2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Christopher Tolley
Christopher Tolley
answered on Jan 22, 2024

What was your agreement with your BF when he signed the loan documents in 2021? Did you convey title to him or did he merely sign the new mortgage? What, if anything, did he pay you for an interest in the property? Has he paid any mortgage payments, contributed to the upkeep and maintenance of the... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: We moved from Woburn to Danvers. The Woburn owners are giving us problems. I'm 77 years old and don't know what to do

There are three issues to be addressed. The failure to present us with the Security Deposit Bank Statement identify the bank, account #, amount of deposit and interest rate. Housing law says that if the landlord does not present this to the tenant within 30 days of payment, the default rate of 5%... View More

Christopher Tolley
Christopher Tolley
answered on Nov 5, 2024

Gather all your paperwork and consult with Greater Boston Legal Services or whatever attorney assistance program is available in your area. The security deposit statute is detailed and the landlord may have violated it entitling you to damages or at least an argument that you owe them nothing.

1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Massachusetts on
Q: I was denied my unemployment benefits because I was not able to work and I was out on a doctors note

I don’t know how someone can lose their job while out on a doctors note and I was employed at a hospital

Christopher Tolley
Christopher Tolley
answered on Apr 26, 2024

This is not my area of the law. Check around online there may be a state agency you can file an appeal.

1 Answer | Asked in Appeals / Appellate Law and Probate for Massachusetts on
Q: Can an interested party challenge a receiver's decision and court order regarding distribution of a charity's assets?

Charity went into receivership due to no surviving board members. A few charities expressed interest in the assets. Receiver's decision was to disburse the assets to these interested charities unequally. (Some received more and others less). One of these charities feels the receiver made... View More

Christopher Tolley
Christopher Tolley
answered on Mar 15, 2024

Without reviewing the applicable law or having access to any of the facts of this matter, I would say yes but unfortunately this not a simple question suited to an informal online forum such as this one. You should consult a lawyer on this. Perhaps the charity already has representation. Good luck.

1 Answer | Asked in Collections for Massachusetts on
Q: Can a finance company go after any non-family members for collection of money owed after death?

My sister passed away. She has no spouse or children. She purchased (through Financing) a car weeks before her death. If repossessed, can the finance company go after any monies due to non-immediate family (niece / nephew) beneficiaries of an insurance or annuity policy?

Christopher Tolley
Christopher Tolley
answered on Feb 15, 2024

Insurance proceeds payable to a named beneficiary pass outside probate and are therefore not reachable by creditors. I assume the same is true for an annuity.

2 Answers | Asked in Collections for Massachusetts on
Q: How do I go about getting a judgement on a family member that took a large loan and has refused to pay back or contact

I loaned her a loan for 40.000 dollars. To be paid back in 35 days. She has completely ignored all contact with me and is refusing to discuss the matter. She is in the process of selling the home she shares with her husband. Through a divorce that is in process. We want to be able to get something... View More

Christopher Tolley
Christopher Tolley
answered on Feb 2, 2024

You should contact a lawyer as soon as possible to proceed with collection. If the only asset the debtor has is the house you may want to consider seeking an attachment on the property before it is sold so that the debtor will have to pay you from the sale proceeds.

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2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Christopher Tolley
Christopher Tolley
answered on Jan 15, 2024

You would sell your interest in the property the same way you would sell any interest in real property.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Planning to close a home which was under probate The probate estate decree has spelled wrong town with correct zip code

street name and house number. Will it be a problem in future? It is just the town was wrong in the property details.

Christopher Tolley
Christopher Tolley
answered on Jan 2, 2024

This is a question for your attorney, the closing attorney, or the attorney that obtained the probate sale papers. Why take the risk? Have it correctd.

1 Answer | Asked in Foreclosure for Massachusetts on
Q: This is regarding a deed and a mortgage.

Signed deed over to ex, it was never submitted to the court. Through the years was not taken off loan. Ex let house go in foreclosure Got letter there is a surplus and half goes to me. Ex is saying because I signed over deed I am not entitled to it and wants to go to court. What should I do?... View More

Christopher Tolley
Christopher Tolley
answered on Dec 26, 2023

I see the issue as governed by whatever agreement you had with your ex regarding the house at the time of your divorce or separation. I suggest you go back to your divorce lawyer and see if anything can be done to access the surplus.

1 Answer | Asked in Probate and Real Estate Law for Massachusetts on
Q: My mom and aunt where left their parents house in their Will. Can they get a mortgage on it if Will wasnt probated?

My aunt died 4 years ago. She had 3 loans on house that was paid off. My mom didn’t have money to pay it. She doesn’t know bank either. The neighbors want to buy property but mom is unsure if she still owns it or bank. Also my cousin thinks she owns half the house because it was her moms to.... View More

Christopher Tolley
Christopher Tolley
answered on Nov 13, 2023

Because it is not clear from your description who owns the house, it is impossible to answer your question. You should gather all your paperwork and take it to a lawyer.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Does MA have a law on the timing for intent to renew/not renew an annual lease?

Does Massachusetts have any laws on the minimum or maximum number of days a tenant or landlord has to provide an intent to renew/not renew an annual lease?

I received a notice from my landlord (property management company) asking me to provide my intent to renew or not renew for a September... View More

Christopher Tolley
Christopher Tolley
answered on Nov 13, 2023

There are no statutes requiring that a lease contain a period during which advance notice of renewal or non-renewal of the lease be given.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: My solar panels have been damaged by rodents. Company says warranty does not cover damage.

I have a question about my solar warranty. The system was installed in 2017 and is still under warranty. Squirrels (presumably) have built a nest and chewed some of the connections under one of the panels, but the company says their warranty does not cover this damage. I think the company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 31, 2023

After a brief check I was unable to find any state regulations governing solar installers or installations. They may exist. Can you call your local building inspector and ask if there are any such regulations or regulations that would generally apply to correctly securing equipment from animal... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

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