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Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More 
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answered on Jul 23, 2024
Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More
My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More
I have a commercial tenant who has a 5 year lease term renting a space I own for 2 years now who at this time seeks to add a business partner to the lease agreement. I made it clear to the original tenant before he signed the lease I do not want to add any other person to the lease agreement, so am... View More
What should I do? The company (BSI financial) has horrible reviews about them doing this to other people. They are impossible to get on the phone. They don’t say I’m in forclosure but say that I’m 2 months late
My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More
answered on Jul 12, 2024
You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.
But it is unwise that the... View More
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
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
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
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
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.
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
Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More
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answered on May 2, 2024
This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:
- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its... View More
I have 3 questions:
1) Can money be gifted to a irrevocable trust?
If so
2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?
3) Can a trustee and beneficiary to the same trust also gift money to the same trust?
Thank you
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answered on Apr 12, 2024
Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:
1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is... View More
can make a commission
My mother in law use to claim the massachsuetts "Senior Circuit Breaker" Credit on her taxes for years (She is 92). Last year after her stroke she revised her will and put myself and my husband on the deed to the house with here via quitclaim deed and retaining life estate (so technically... View More
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answered on Jan 22, 2024
In Massachusetts, the Senior Circuit Breaker Tax Credit is designed for senior citizens who meet certain criteria, including property ownership and occupancy. Even though the deed to the house now includes you and your husband, the fact that your mother-in-law retains a life estate means she still... View More
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?
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
to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?
answered on Jan 15, 2024
Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More
The sheriffs office told me that they charge $3500 to remove him if he doesn’t leave.
That seems very expensive, especially since I’m evicting a non paying tenant.
Thank you
answered on Jan 15, 2024
I do not understand the actual question. Once you receive an execution for possession, it needs to be served and the sheriff (or constable) need to oversee the removal of the tenants personal property from the leased premise by a moving company and stored in a bonded storage facility. This is all... View More
If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More
answered on Jan 15, 2024
If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More
street name and house number. Will it be a problem in future? It is just the town was wrong in the property details.
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.
I own a home together with my EX partner in Massachusetts who I have a permanent restraining order against, we were never married. We have minor children together. I have been the only one making payments for our mortgage for over 6 years because my EX refused to pay any mortgage payments for 6... View More
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answered on Dec 19, 2023
In Massachusetts, removing an ex-partner's name from a property title, especially when there are disagreements, can be complex. Since both of you jointly own the home, both parties must agree to any changes in ownership or refinancing. If your ex is not cooperating, you might need to take... View More
I purchased a property 20 years ago with my boyfriend thinking we would be married. He decided against marriage and abandoned the property. I’ve been maintaining the property for 20 years and wish to sell it. All attempts to locate him have failed. How can I sell the property? How can I remove... View More
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answered on Dec 15, 2023
Hire a MA attorney to file suit for a Sale For Partition.
My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More
answered on Nov 17, 2023
If she is missing her Will she can "replace" it by doing a new one if she is competent.
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