If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a...Read more »
The terms of the trust at issue spell out the trustee's duties and responsibilities. Trustees are generally considered responsible for upkeep and maintenance of the property, but are not usually required to expend personal funds to do so. Funds for upkeep and maintenance are usually expected to...Read more »
Background: I recently discovered that my condo unit’s first tenant had switched parking spaces with a tenant on the opposite side the their building. This gave each party a spot right outside their own unit. When I got a new tenant they continued with that spot. My current tenant wants to buy... Read more »
Yes. If parking spaces in your condo. are deeded, you would have to trade deeds with the other unit/parking space owner. Your could also give each other reciprocal easements or licenses. If parking spaces are assigned by the condo. you might be able to get the board of trustees to switch...Read more »
If you are paying all that is required of you from one paycheck, it does not make sense that more money would be taken out of your second paycheck. For example, if your total pay from one job equaled the amount you are currently being paid from your two jobs, and you were paying the total amount...Read more »
Or should we declare bankruptcy (Chapt 13)? If we do, will we be allowed to sell the property ? Obviously, we do not want to lose the house. I am 71, my spouse is 66, & we have resided here for 26 years. We are seeking pro bono help if possible.Thank you...
The attorney general and banking commissioner both have foreclosure units. You should contact them and legal services. If you are willing to sell the house, you may be able to work something out with the bank's attorney to get time to do so.
The condo. association cannot hold a Rule 55(b)(2) assessment of damages hearing unless a default has entered. Most condo. association attorneys I know are diligent about complying with procedural rules for entry of default in condo. association lien collection cases. Is it possible you missed the...Read more »
There are extensive requirements for debt collectors seeking payment for old debts. A primer on consumer's rights in old debt collections is beyond the scope of an online question forum like this one. Also, the law in New York is likely different from that in Massachusetts. I have been advising...Read more »
Massachusetts towns assess value annually. They calculate property values based on the market activity as well as certain property-specific attributes such as location, size, construction quality, style, and condition. These include the status of outbuildings. Factors may include the usefulness of...Read more »
Buying 3 family home in Massachusetts. Unit one is a mother with a newborn and other young children. This unit has no lead certificate and they have signed a lease to stay until next May. Seller wants buyer to uphold lease agreements, however the current lease violates the state lead law. Will I... Read more »
You are likely going to face the possibility that you will have to delead the unit or the building. Online forums such as these are only useful up to a point. I strongly suggest you consult an attorney familiar with this area of the law before proceeding further.
I know of nothing that permits this. Destruction of another's possibly encroaching structure is always risky without specific legal sanction to do so. For example, if you are incorrect about the location of the boundary line, your neighbor will have a right to sue you for destroying the fence and...Read more »
It has to have a term of at least seven years. It has to have the issuance date and the expiration date on it. If it has no expiration date, it is good indefinitely. This applies to electronic cards. There are websites with more specifics, I suggest you check them to make sure whatever you have...Read more »
In order to obtain a wage attachment, the creditor must have a judgment against you. The creditor is required to file a new lawsuit based on the judgment and appear before a judge to ask permission for a wage attachment. The creditor is required to give you written notice of the time date and place...Read more »
This is regarding stopping a foreclosure. the funds are on hand to bring the loan current but the Servicer and their Attorneys are misleading my elderly mother. they are using dirty tricks to delay or even block her from curing her loan, The servicers attorneys were contacted and on 3 occasions... Read more »
Unless the debts sought to be collected are child support, federal taxes or student loan repayments you owe, the answer is no. The issue is for you to be proactive, since the court may give the creditor a bank account attachment or order you to make payments because they are unaware your income or...Read more »
Unfortunately, the lender can foreclose on the mortgage even though only your name is on the deed and only your ex-husband's name is on the mortgage. As long as the mortgage was validly created, regardless of who gave it and who currently owns the property, a lender is always entitled to foreclose...Read more »
My husband and I just purchased a home from a family trust. There were no disclosures. Inspection revealed a 60 year old furnace and a roof in need of complete replacement (sellers sort of admitted awareness of the roof condition in a round about way). Because they didn’t disclose, they covered... Read more »
Massachusetts law requires only that home sellers disclose the existence of lead paint and the presence of a septic system. Beyond this, Massachusetts is a caveat emptor state where it is up to the buyer to satisfy herself as to the condition of the property by conducting an inspection or doing...Read more »
The properties are located in Massachusetts. The wall is on the property line. The properties are on a steep hill. There has been no recent excavation or building on either property. Both properties are over 60 years old and neither owner is original owner. Not sure who built the wall, but it... Read more »
Here is the misleadingly short answer: the duty to repair a wall falls on the person who altered the grade of his land, and later owners of the same property. However, there are so many fact-bound variations on this concept that stating it this way may raise more issues than it resolves. Who is...Read more »
Your children will not likely be personally responsible for these bills, but if there are any assets in your estate like real property, bank accounts, etc., your creditors have a right to pursue your estate and seek recovery from those assets. The effect of this may be that your children's share of...Read more »
If the property was conveyed to you and your brother, your name and his name are on the deed, and it has not been conveyed to anyone else, your brother still has the interest he obtained when it was originally conveyed to both of you. Unless you had an agreement that failure to contribute to...Read more »
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