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... View 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... View 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... View 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... View More

I know of no law requiring you to be present but your insurance policy may require it, or your insurance company may ask you to be present so they are sure they have the correct vehicle.

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... View More

You should check the terms of the lease or call your housing authority and explain the situation. Sometimes even if the lease prohibits it, you can make arrangements with your landlord to terminate the lease without penalty.

Where it has been 7 years collection of the debt may be barred by the Rhode Island or Massachusetts statute of limitations. In Massachusetts for credit card debts the limitations period is 6 years. I'm not a Rhode Island attorney but the Federal Fair Debt Collection Practices Act is generally... View More

Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees... View More

If you are currently in bankruptcy, you have not received a discharge and the case is still open, creditors are prohibited by the automatic stay in bankruptcy from taking acts to collect debts from you personally. If a creditor is seeking to collect a debt from you by writing letters, calling you,... View More

There are several preliminary issues. First, any right to recovery would be held by your brother's estate or a trust or other entity that took over his rights upon his death. In most cases only a decedent's probate estate or testamentary trust has a right to pursue the decedent's... View More

Usually a creditor can only collect what it is owed, so if the tax offset paid your debt in full, they should not be able to further offset any more refunds. The Department of Education has a good website that is easy to navigate and has a lot of information on questions like these:... View More