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Questions Answered by Christopher Tolley
2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... View More

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2023

Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... View More

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1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Is supplementary process required before requesting wage or bank garnishment?

Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.

2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... View More

Christopher Tolley
Christopher Tolley
answered on Dec 6, 2022

I suggest you review the contract you have with the builder. It should state the circumstances under which the builder is entitled to full and final payment. It may give you a right to withhold payment pending completion of repairs per your request. Frequently building contracts have a provision... View More

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Is it a breach of contract If a seller is not ready to close at the closing date stated on the buyer-seller agreement?
Christopher Tolley
Christopher Tolley
answered on Nov 18, 2022

Yes, although many real estate purchase and sale agreements permit the seller to extend the date for closing under certain circumstances even though the buyer may not agree to extend. You should review your purchase and sale agreement .

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Massachusetts on
Q: Can HOA covenant be forced on abutting parcel that is NOT part of the deeded covenants to the subdivision boundaries?

An abutter (private parcel, NOT part of the HOA/subdivision) wants to develop their adjacent lot for a single family home in Massachusetts. Certain people have suggested that this parcel may be forced to become subject to the HOA covenants, even though those covenants, maps and recorded deeds... View More

Christopher Tolley
Christopher Tolley
answered on Nov 9, 2022

Based on your explanation of the situation, if the HOA documents do not describe the abutting property as part of the HOA, it is not subject to the HOA covenants. I cannot think of circumstances under which abutting property could be 'forced' to become part of the HOA unless there is... View More

1 Answer | Asked in Small Claims and Collections for Massachusetts on
Q: I received a judgement from a lawsuit that a debt collector apparently did against me, but I never knew about it.

I recently received the judgement itself in their favor saying I never went to the court date, but I never knew about it. In addition to that, the address on the judgement I received is wrong as it is my sister’s house where I have not lived for over a year now. The debt collector is fully aware... View More

Christopher Tolley
Christopher Tolley
answered on Nov 2, 2022

Take the judgment to the court that issued the judgment. Go to the Civil Clerk's office. Explain the situation to them and tell them you want to make a motion to vacate the judgment for all the reasons you described. Likely they have a form for you to fill out. Write your explanation as set... View More

1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: My wife and I live in Massachusetts. Fifteen or so years ago she opened a bank account in her name only.

She named her brother as recipient of the account if she were to die. As community property, shouldn't the funds come to me? Is what she did legal/legitimate?

Christopher Tolley
Christopher Tolley
answered on Oct 28, 2022

Massachusetts is not a community property state. The entitlement to the proceeds of the account are governed by whatever bank account agreement your wife signed when she opened the account. If the agreement states her brother is to receive the funds in the event of her death, that agreement is... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I actually have 2 questions: 1.) Is it legal to lease out an apartment in an ALF to someone if the previous tenant who

lived there has already paid through the end of the month?

2.) In an ALF is it legal for the facility to take a bed that I purchased for my father and give it to someone else to use?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

As to question 1, the ALF agreement likely addresses the rights and obligations of the parties if an occupant vacates a unit for which he has already paid rent. The ALF agreement may also address the disposition of an occupant's personal property once the occupant vacates the unit. Also, you... View More

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, 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.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: I was served a Summons in a Civil Action by my deceased parents mortgage company. What specialized attorney should Icall

My brother and I do not want this house. It had a mortgage on it. Both parents are deceased. I called my probate attorney in the county the house is in and because it the document we were served is for the United States District Court in Northern District of Texas, he does not handle federal (?)... View More

Christopher Tolley
Christopher Tolley
answered on Aug 23, 2023

I suggest you ask the probate attorney to give you his thoughts on what relief the plaintiff bank is seeking in the complaint. He/she should be able to do that just by reading it. Then you can start looking around for an attorney who handles that sort of case. I represent lenders in foreclosures... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: As a cash buyer is it required to have a title V inspection to close on a home in Massachusetts
Christopher Tolley
Christopher Tolley
answered on May 1, 2023

If the property is a single family residence served by an onsite sewage disposal system you have to comply with Title V regardless of how you pay for the home.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Car dealer paid off loan for new one I backed out of deal how do I cancel and get my title back

I recently started the process of buying a truck I financed through dealer they agreed to pay off my loan promised truck I 4 days 15 days later still no truck so I backed out of deal I need to pay off my loan and get title

Christopher Tolley
Christopher Tolley
answered on Apr 24, 2023

Can you pay the dealer the payoff amount it paid your lender? That's the only thing I can think of.

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