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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a rental property which only has master insurance. An adjoining unit had a water leak that caused damage to my

unit. The other unit insurance adjuster has said that there is no negligence on the owner of the unit so no liability reimbursement required. The water clearly came from the other unit. Do I have a legal recourse here to sue for damages? Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 27, 2021

This is really more of an insurance issue than a real estate question. Some people hire independent adjusters to deal with claims for property damage.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My home was shot up with me and my kids in side. Then 3 days later it happen again but we were not in the house the

Second time. I provide a written letter on how we were told by the police to not go back and it was unsafe. Now they are trying to collect for un paid rent and damages from the bullets and the condition of the home. Can I appeal due to General Rules

Section 8-112 - Termination of tenancy... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 22, 2021

You need Landlord Tenant counsel rather than real estate counsel.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2021

The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Christopher Tolley
Christopher Tolley answered on Oct 14, 2021

Massachusetts security deposit (if that is what you are talking about) law is very favorable to the tenant, but there are very particular aspects to the law. Go to masslegalhelp and read up on a landlord's obligation to return a security deposit (if that is what you are talking about) If... Read more »

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1 Answer | Asked in Real Estate Law and Trademark for Massachusetts on
Q: Taking signs Down do you have to replace them with blanks after your lease is up
Linda Liang
Linda Liang answered on Oct 8, 2021

Review your lease agreement. You will know your obligations

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
Robert Simonian answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate attorney had me sign quitclaim and contract selling properties to my ex, have not received docs with his sig

Met with Real Estate attorney Thursday morning to sign 2 quitclaim deeds and a contract selling my share of joint properties over to my ex husband... He told me not to cash any checks, he would be meeting with my ex to get his signatures later that day, and would send me all signed documents that... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 23, 2021

Usually attorneys have clients execute documents and then hold the documents while awaiting checks to be received such as checks from mortgage companies funding refinances for example.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can the keys to my new apartment be withheld over broker fee even though a disclosure wasn’t signed at first meeting?

I signed a lease for an apartment in the state of Massachusetts and I paid first months rent and the security deposit as that is all the lease said to pay. This check has already been cashed by the landlord. The broker is now saying I owe them one months rent in fees and that I cannot move in until... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2021

It sounds like the realtor is interfering with the lease. You should contact a consumer protection and landlord tenant attorney to address this!

1 Answer | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: Opened a home equity loan with a large credit union for 120k on 5-1-2008 Last pymnt made 5-1-2013 how do I clear title

The debt isn't on either credit report anymore  but it is still showing on the title search that quicken has pulled.

Do you have ant idea how we would fix this in order to complete a refinance

We never filed bankruptcy but probably should have

Thanks

Worcester Massachusetts

Robert Simonian
Robert Simonian answered on Jul 30, 2021

It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How do I transfer a residential property I own in Puerto Rico to my brother who currently lives in the home?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2021

A Puerto Rico based attorney could best answer that question- it would seem to be by a Deed or transfer instrument.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Process for having someone's name removed from a mortgage. We are not married.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 15, 2021

Usually this entails a refinance, but it is possible your mortgage lender would work with you on a "novation" to just your name if they feel you qualify.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Is it required in MA to test and de-lead an old property (1800s) before renting it out?

We have a property (1800s) that we want to rent out. However, the presence/absence of lead is unknown. As landlords, are we required to test the presence of lead (and de-lead if found) before we rent it out? Can we have the tenants sign an agreement that it has been informed to them that it is... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 14, 2021

You are required to test for the presence of lead before you rent. You do not necessarily have to de-lead the property before renting, there are other ways to deal with lead paint. You cannot require tenants sign an agreement stating they accept the presence of lead on the property. This is a good... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a lawyer submit evidence in a case that's not presented in written complaint to the court
Christopher Tolley
Christopher Tolley answered on Jul 13, 2021

Yes. In Massachusetts the complaint itself need be only a "(1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled." A complaint need not contain the evidence necessary to... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Merge an LLC and it's assets in NYC with an LLC in Ma..

Our family has a condo in NYC under the management of an LLC owned by my sister-in-law. We want to merge the NYC LCC and it's assets (condo) with an LLC in Boston, Ma. (owned by myself and my wife) and then close the NYC LCC. We will then do a 1031 Transfer for a property in the Boston area.... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 6, 2021

There are several ways to approach this. You could register the MA LLC in NY and convey the NY condo. to the MA LLC. You could merge the two in both states, as you suggested, which would likely involve registering each LLC in the other state first. The above is not an exhaustive list of how to... Read more »

1 Answer | Asked in Real Estate Law and Banking for Massachusetts on
Q: There has been no answers and the 20 days is now 35.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 7, 2021

No question is posed to respond to .

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: If a real estate contract states certain property to be conveyed 90 days after sale can it be conveyed 21 years later?

Without informing me?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 24, 2021

There seems to be a Purchase and Sale Agreement you are talking about? If so there would be a closing date for transfer of title. The 21 years later part of your question makes no sense and your statement "without informing me" makes no sense .

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: I own my home and have two children. My boyfriend is living with me, legally does he have any rights to my property?
Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2021

It sounds like he is not on the title and did not pay toward its acquisition. Sharing living expenses should not result in an equitable interest. However, if he makes renovations or additions or pays for major pricey repairs, this could be problematic .

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Massachusetts on
Q: If I am setting up a irrevocable living trust with 2 properties do I just complete and sign in front of a notary?

I was wondering if the properties in Mass have to be reregistered at some point or is there anything about the trust setup thats common I have never done this before. Any help is greatly appreciated.

Christopher Tolley
Christopher Tolley answered on May 18, 2021

If the plan is for the irrevocable trust to own the properties, and the properties are real property, you need to convey the properties by deed from whoever owns them to the trust.

2 Answers | Asked in Divorce and Real Estate Law for Massachusetts on
Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.

I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 7, 2021

So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a... Read more »

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Massachusetts on
Q: Hello, I have a question about releasing rights under homestead.

My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 26, 2021

Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a... Read more »

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