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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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... Read 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... Read 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.
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... Read 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... Read 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.
If this is able to be done - How long do I have to be on the deed before I can do the refinancing? She wants me to be the only one on the refinancing but she will still retain 99% ownership of the house. Is this able to be done? We live in Massachusetts.
answered on Mar 14, 2022
There is a difference between can you do something or should you do something. If you refinance in your name( even along with her) you will be liable on this entire mortgage yourself to the full extent of it as mortgage notes generally have joint and several liability not based on the percentage of... Read more »
I have 3 ANR lots. I want to sell the lots, but two lots are restricted by topography such that I can't put driveways on each lot. The Town zoning bylaw doesn't address common drives at all. Are they then allowed by right? There are several others in the Town already. The lots are in MAssachusetts
answered on Feb 8, 2022
Hire a competent attorney to draft and record a Joint and Mutual Use Easement that encumbers all three lots. It would be better to survey the Joint Easement and use that legal description, but it is not required.
Today is only the 27th so how is my landlord able to evict me. And he is only did this because I told him I wanted things fixed and I was not going to pay rent until they are fixed. My electric and gas is connected to his illegal apartment on the 3rd floor. The 1st floor is 122 and my apartment is... Read more »
answered on Jan 28, 2022
This is really a Landlord tenant issue ( an area of legal practice specialization )and not strictly a real estate question. It sounds like you have defenses to non-payment of rent due to non-repair and that there are significant health and building code violations where the City of Town should be... Read more »
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