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
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
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.
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
The seller stated and signed in the purchase and sales agreement that there was no unpermitted work performed during their ownership. After the sale, it came to light that they had received stop-work orders from the town for unpermitted work and never remedied the issue. Is there any legal recourse... View More
answered on Oct 24, 2022
You should contact real estate counsel about pursuing a claim for the misrepresentation as soon as possible. The facts involved are important to establish.
The house that I am saying is a affordable unit through housing authority that I have owned for over 20 years there is a deed Rider that I do not understand but I thought I would get to see the purchase and sales first
answered on Oct 12, 2022
You should talk to your lawyer about your questions and find out from them why you did not see the P & S before the purchaser and if you are not comfortable with your counsel you should seek other counsel ASAP as in the real estate sphere "time is of the essence".
My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... View More
answered on Oct 3, 2022
Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... View More
I am downsizing and my son/wife want to own my home and we discussed 2 year lease. I am not sure how it works. What do I need to do? Do I become a landlord?
answered on Aug 23, 2022
There can be a Lease and a separate Option to Purchase instrument. It is unclear if you want a Right of First Refusal or an Option with a price setting mechanism.
I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... View More
answered on Aug 19, 2022
I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... View More
MASSACHUSETTS - Husband died without will and then his wife died 2 months later. The husband has no children and parents, only a sibling nor does the wife. Did the wife automatically get the inheritance, or did she need to follow a procedure to get it within some days? Does the inheritance belong... View More
answered on Jul 29, 2022
Were they domiciled in Massachusetts ?Did the death of husband happen after March 2012? Neither had any children? A post March 2012 death brings the Massachusetts Probate Code into the response so that if husband had no children then surviving wife would take all if no Will.
A house on my street was owned by a husband and wife who died 20 years ago. Their estates have been closed by the Probate Court; however, according to the town assessor's office and the registry of deeds, the house is still owned by them.
(To comment on Mr. Avery's answer, the... View More
answered on Jul 12, 2022
The Heirs of the Survivor of the Deeded Grantees probably own it as Tenants in Common. You may want to search the Title and check on the Taxes.
answered on Jul 9, 2022
Normally once a landlord leases premises the landlord cannot make changes to the leased premises without the tenant's permission. Your lease may give the landlord the right to make changes. Generally a landlord is permitted to enter leased premises to make repairs at reasonable times' on... View More
To us, "full possession of the premises" means we get the keys and can occupy the house. Our attorney said it just means the seller must move out and not reenter. How would one have full possession with no keys to the house?
answered on Jun 6, 2022
The phrase refers to the fact that you have a legal right to possession and the seller no longer has such a right. It does not address the practical issue of how physically you enter the property. Getting you the keys is something the real estate broker usually deals with.
My wife and I made an offer on a house and signed a P&S. We discovered the property is in a trust and only trustee #1 signed the P&S. My attorney reviewed the trust and concluded only one trustee is required to sign. She conferred with the bank’s attorney and he came to the same... View More
answered on Jun 6, 2022
This is not the type of straightforward question well suited to a question and answer online forum. It appears there are issues with the trust and the trustees' powers that are specific to this situation. In other words, there is no standard answer to your question. I strongly suggest you... View More
The bad thing is he is my Son . I pay the Taxes,water, and Ins. He suppose to maintain the lawn but that is also a disaster. He made the place look so bad that I can't sell the property for a good price. And things look bad since he moved in. The first year he paid for three months then... View More
answered on May 25, 2022
If he had a lease and stayed over the expiration he is still a tenant and the eviction process called summary process is needed. You can contact an attorney who specifically handles landlord tenant matters and if son is disabled this would especially be advisable.
Sister was Executor, I was Successor, but sister probated and closed in 2006. Sister has now died and I want to sell property. How do I show title to the property?
answered on May 19, 2022
Sorry for your loss. Was your Mom a CT resident or a MA resident? If this is a Massachusetts Probate of estate, then an Ancillary type proceeding would need to be brought in CT and you should be in contact with a CT Probate attorney ASAP.
Does the "no space" test include using the backside of the original promissory note for an indorsement if that side of the paper is blank? Is there a citation for the actual wording of the "no space" test?
A "no space" test is showing that there is no room on... View More
Mortgage co was unreachable from 2018 to 2022. If homeowner defaults, homeowner loses house. But if bank defaults, no penalty? Is there any recourse in addition to MGL 183 section 54D?
answered on Apr 14, 2022
If this is a default in the nature of a failure to Answer a duly served Complaint, the case would proceed to assessment of damages. However, it is common that a Motion to Remove Default would be filed at some point by the defendant.
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