Lawyers, Answer Questions  & Get Points Log In
Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If a quitclaim to add spouse to the title of the house is not registered, do I still need his signature to sell?

I am married, but the house and mortgage are in my name only. If I add my spouse to the title through a quitclaim deed but don't register it, would the spouse be a legal co-owner of the house? If I die, how would the unregistered quitclaim affect the spouse's ownership of the property?

Christopher Tolley
Christopher Tolley
answered on Aug 18, 2023

If you convey property to another, whether you record the deed or not, the grantee owns the property and in order to convey to a third party, both of you must sign the deed. How the property is disposed on your death depends on how you and the grantee take title. If you convey to the grantee as... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: My ex has end stage dementia-I am his POA/HCP-hold mortgage on 1/2 house he shares-Can I get lieu deed before he dies?

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More

Christopher Tolley
Christopher Tolley
answered on Aug 1, 2023

So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I am a homeowner living in Marlborough, MA in Middlesex County . My parents(now both deceased) bought the home in 1965.

In 1994 we had a detached garage built on our property. Our new neighbors told me they were going to have their property surveyed. They did, and according to their surveyors, a corner of our garage is encroaching their property by one foot. Nothing further has developed either by them or by me. My... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

To claim adverse possession you would need an adjudication of same from the Land Court and should involve real estate counsel in order for good title to your property to be passed, unless you want to adhere to the official meter and bounds as stated in the Deed and remove the garage or offending... View More

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Massachusetts on
Q: Does a trust protect my home purchased before marriage if I am to get divorced?
Michael M Marques
Michael M Marques
answered on Jun 21, 2023

There are a couple of factors to review. a) Was the home placed in a trust prior to or after the marriage? b) Is the trust revocable or irrevocable? c) Whose benefit was the trust intended for? Until recently, trusts were seen as assets when a court decided how assets were to be distributed upon... View More

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: My father had 3 or 4 strokes less than a month before signing to sell his house now they are taking him to court for it
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

Assuming that your father is a Massachusetts resident for his thumbnail response: Your father may well have been infirm and not competent to enter into the sale agreement in which case an Equity case on his behalf should be commenced along with a Guardianship and Conservatorship petition... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: Lived in parents house for 10yrs after parent passed away; Executor; sold for 150K; how much should I give sibling

97K mortgage was paid from 150K; utility, and home maintenance fees.

Mass probate

John Michael Frick
John Michael Frick
answered on Apr 22, 2023

From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.

Determine the fair rental...
View More

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: How do I get a redemption for a real estate tax taking in Massachusetts?

My local tax collectors office filed a tax taking back in 2008 for outstanding real estate taxes due on an investment property? The delinquent taxes were paid by my mortgage servicer from my escrow account.

A recent title search shows the 2008 tax taking lien recorded, but a redemption or... View More

Christopher Tolley
Christopher Tolley
answered on Apr 12, 2023

If the tax title amount has been paid, the town is required to issue a redemption. The town is permitted, but not required , to request the recording fee for recording the certificate as a condition of providing the certificate, and then must record the certificate. I believe the recording fee for... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: What are steps to take with my mother's estate when she passes away with no will.

My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 31, 2023

Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More

View More Answers

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 13, 2023

I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... View More

View More Answers

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Should a builder have disclosed detention pond near condo house?

I bought a new construction condo house 15 months ago that I am supposed to close on, in a few days. The plans and agreement showed that there is a wetland in the area far from my house but a vast green area beside my lot which was the main factor to choose this exact lot. For the last few months,... View More

Christopher Tolley
Christopher Tolley
answered on Mar 6, 2023

You should review this with your attorney as soon as possible to review all the facts and documents because you may have the basis of a claim. If you do not want to go forward with the purchase you should establish a strategy and get input from your attorney on the costs and benefits of litigating... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: House owner went into property before scheduled walk thru

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

Christopher Tolley
Christopher Tolley
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

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Why would a town restrict occupancy of my home from year round to 6 months if I sell the property? Is there a loophole?

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

The reasons for a town to restrict the occupancy of a home from year-round to 6 months may vary depending on the specific regulations and zoning laws in that area. However, it is often done to preserve the character of the community, maintain the quality of life for residents, and prevent... View More

View More Answers

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I withhold my broker's fee payment?

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

Christopher Tolley
Christopher Tolley
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

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

View More Answers

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 .

View More Answers

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?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 18, 2022

The Purchase & Sale Agreement should have specific provisions concerning what occurs upon a failure to be ready to close on the closing date. You should have counsel involved , particularly if things are not going so well!

View More Answers

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 Real Estate Law for Massachusetts on
Q: I have a real estate lawyer doing my purchase and sales agreement why would he give it to the buyer's first??

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

Lillian J. LaRosa
Lillian J. LaRosa
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".

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

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

Lillian J. LaRosa
Lillian J. LaRosa
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.