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My ex fiancé and mother went in on a house together. When we broke up he wanted to kick my mom out, we sued him for breach of contract when he filled for evection. We won and my mom has until February 28, 2023 to vacate the property at that time we will do a walk thru of premises and then he will... View More 
answered on Feb 28, 2023
I assume your ex's entry into the property violated the parties' settlement agreement. However, you do not articulate any harm to you or your mother as a result of his acts and therefore you would not be entitled to damages. Therefore, it does not seem to be in your interest to reopen the... View More
I would like to buy the home but I fear upon purchase, the house would go into a 6 month occupancy (required by the town). I would prefer to keep the house year round. Is there a workaround? Has new legislation opened things up?
answered on Feb 27, 2023
I cannot give you a definitive response without reviewing the by-law or other document which imposes the restriction. I suggest you get a copy of the town by-law or other document which imposes the 6 month occupancy rule and review it with an attorney of your choice.
Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... View More
answered on Feb 23, 2023
I don't think you need a new Title V cert. unless you are selling the house. The system has to have 'failed' in order for you to claim the credit. https://www.mass.gov/service-details/view-residential-property-tax-credits. I would contact the DEP or ask your accountant when you file... View More
i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of... View More
answered on Feb 22, 2023
This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to... View More
a detailed affidavit providing 1.
specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....
file an affidavit... View More
answered on Jan 26, 2023
I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.
Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.
answered on Jan 17, 2023
It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download
780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.
The home my broker found us has delayed our move-in date multiple times as they haven't gotten their BFD inspection. This possibility of delay was a clause in the lease and I was nervous about it but my broker told me that they only really put that clause in 'in case of natural disaster... View More
answered on Jan 10, 2023
If the possibility of delay was written into the lease there would be an argument that you assumed the risk of delay and therefore have no recourse for your losses due to the delay. You should examine any separate contract you may have with the broker as to whether and how his fee is earned. Maybe... View More
Submitted a car payment to Chase Manhattan bank the same way I had previously got a confirmation receipt cheat code never was notified by Chase that the payment wasn’t received or did not go through so the next month I made the payment the same way and at that point was notified of the issues... View More
answered on Jan 4, 2023
If I understand correctly, you have made payments and submitted documentary evidence but Chase refuses to credit the payments to your account. Try contacting the Massachusetts Attorney General's consumer assistance division.... View More
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
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
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?
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.
I have a civil judgment in Massachusetts. I want to collect on the judgment by a wage or bank account garnishment, I understand I need to do a trustee process. Does that mean I have to file a second complaint (complaint on judgment) and pay court costs service of process fees again?
Do I... View More
answered on Dec 27, 2022
Your can seek a bank account trustee process based on your current judgment. In order to trustee process wages, you have to institute a suit on the judgment.
My friend, as an act of kindness, agreed to let a “friend” stay in his single family residence with him as a guest while she recovered from a surgery. During her stay, her own home was foreclosed on, so he let her stay longer and store her personal belongings at his house until she was able to... View More
answered on Dec 27, 2022
Your friend will have to formally terminate his tenant's occupancy and evict her via a summary process action. I strongly suggest he retain the services of an attorney.
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
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
i am the child named in a judgment of divorce between parents and became a tenancy in common in properties with step-mother. i am now disabled and the sales will create financial complexities along with a host of difficulties. i have hired a real estate attorney & scheduled to meet soon but i... View More
answered on Dec 1, 2022
Optimally you would hire a family law attorney with litigation experience.
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 .
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
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
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
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
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?
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
I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?
answered on Oct 26, 2022
Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help
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?
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
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