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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: My ex kept of our house in our divorce. She has been unable to refinance for going on five years. What are my options?

She claims she is unable to qualify for refinancing, but the property has been a steady rental for her. It is affecting my credit, as that is a large debt, that I have no responsibility for. It was a VA mortgage and I am the veteran.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2018

Your divorce separation agreement is the starting place. There should have been discussion of when the refinance was to take place and a mechanism for sale of the real estate in the event of inability to qualify to refinance. Failure to follow the terms of the separation agreement /divorce Judgment... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: What are the tax implications of renting out parking spaces out of my driveway in the city of Cambridge, MA ?
John Espinosa
John Espinosa
answered on Aug 10, 2018

For tax purposes, any income received from renting space on your driveway would be taxable likely as rental income on Schedule E. Consult a tax professional to go over your options with this kind of income. Seperately, the city or your real estate title documents may have restrictions that prevent... View More

2 Answers | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: Can the bank foreclose on my house when I'm the only one on deed and ex husband is only on the mortgage

I was awarded house in divorce my name is not on mortgage and the only one on deed, how can I get it back before foreclosure?

Christopher Tolley
Christopher Tolley
answered on Jul 18, 2018

Unfortunately, the lender can foreclose on the mortgage even though only your name is on the deed and only your ex-husband's name is on the mortgage. As long as the mortgage was validly created, regardless of who gave it and who currently owns the property, a lender is always entitled to... View More

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Is the seller of the property I just bought responsible for disclosing mold on the property?

My husband and I just purchased a home from a family trust. There were no disclosures. Inspection revealed a 60 year old furnace and a roof in need of complete replacement (sellers sort of admitted awareness of the roof condition in a round about way). Because they didn’t disclose, they covered... View More

Christopher Tolley
Christopher Tolley
answered on Jun 22, 2018

Massachusetts law requires only that home sellers disclose the existence of lead paint and the presence of a septic system. Beyond this, Massachusetts is a caveat emptor state where it is up to the buyer to satisfy herself as to the condition of the property by conducting an inspection or doing... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Who is responsible for repairing a retaining wall on a shared residential property line?

The properties are located in Massachusetts. The wall is on the property line. The properties are on a steep hill. There has been no recent excavation or building on either property. Both properties are over 60 years old and neither owner is original owner. Not sure who built the wall, but it... View More

Christopher Tolley
Christopher Tolley
answered on Jun 13, 2018

Here is the misleadingly short answer: the duty to repair a wall falls on the person who altered the grade of his land, and later owners of the same property. However, there are so many fact-bound variations on this concept that stating it this way may raise more issues than it resolves. Who is... View More

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Statement in Will leaves ambiguity and open to interpretation— who owns this inhereted real estate?

my late mom stated in her will that her real estate goes to her living children (but did not name us by name).

Later in the will there is a statement that says “any relatives not specifically named in the will have been left out intentionally “

I am applying for a mortgage to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 11, 2018

Has your mother's Will been filed with the probate Court with either a Formal petition or otherwise? Did she pass away during the last three years? I will assume for this response that she did. This Petition for Probate step needs to occur with someone seeking appointment as Personal... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Massachusetts on
Q: I bid and won foreclosed auction property. There are motions for eviction filed, can I get out of this w/out losing $?

I recently bid and won a property thru foreclosure. I have not closed on the property but was notified by the current owners, thru their attorney that there has been a motion filed for foreclosure for the current tenants. Frankly, I have no interest in pursuing this property compounded with the... View More

John Espinosa
John Espinosa
answered on May 28, 2018

Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14

When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having...
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1 Answer | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I want to buy a house, all under my name. My kids father is moving in too. If we breakup, he cant take my house,right?
John Espinosa
John Espinosa
answered on May 22, 2018

Don't marry him (because then the house would be part of the marital estate), and he should pay you rent as a month to month tenant. If you break up just evict him.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: If my brother and I bought a vacation home 1974. He stopped paying in 1994. Does he still own half?

I have put two additions on house. My brother is still welcome to use the house once a year for two weeks for vacation, but pays nothing.

John Espinosa
John Espinosa
answered on May 21, 2018

If your brother is still on the deed then he is still part owner until he conveys his interest, even if he is not paying his share of the expenses.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I sold some land .. do I have to pay taxes on it if the value decreased since I acquired it?
John Espinosa
John Espinosa
answered on May 16, 2018

This is a question for your accountant.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Are there grounds for eviction if your rent is paid?

Are there grounds for eviction if your rent is paid in full but there is an outstanding balance on the account (none of it is for any rent) which is in the process of being disputed.

John Espinosa
John Espinosa
answered on May 12, 2018

Possibly. Here is a helpful resource: https://www.masslegalhelp.org/housing/lt1-chapter-12-evictions

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can i break my section 8 lease

Need to move to senior apartments with activities

Christopher Tolley
Christopher Tolley
answered on May 8, 2018

You should check the terms of the lease or call your housing authority and explain the situation. Sometimes even if the lease prohibits it, you can make arrangements with your landlord to terminate the lease without penalty.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: A proprty lien was placed for condo fees with no advance notice to settle the debt. What are MA laws for notification?

I was not contacted by the condo association or the attorney placing the lien. I was notified by my back they had placed a lien. I would have tried to settle the debt before it got to that point. Is there any law that says they should attempt to notify me to settle the debt?

John Espinosa
John Espinosa
answered on Apr 28, 2018

Under Massachusetts law you must pay your condo fees when they are due. Not paying them on time creates an automatic lien that the condo association can then enforce. Your notice was your condo bill. Here is the applicable law, which since 1993 has given condo associations this broad authority... View More

1 Answer | Asked in Collections, Consumer Law and Real Estate Law for Massachusetts on
Q: I owe 4 months condo fee and add late fees send me letter that is going to collection agency what action should I take

The condo association charge late fees from the last year plus 4 months condo I owe and I'm in hardship and selling the house What should I do ? Please any advice is great appreciate!

Christopher Tolley
Christopher Tolley
answered on Apr 23, 2018

Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees... View More

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: How can I reclaim costs incurred by my dead brother on improvements he made to a rented house to his estate?

My brother recently passed away. He made improvements to the rented house he was living in before he died. These costs ran into tens of thousands of dollars. These repairs were structural. The landlord refused to compensate my brother before he died. The landlord has refused to return my brothers... View More

Christopher Tolley
Christopher Tolley
answered on Apr 15, 2018

There are several preliminary issues. First, any right to recovery would be held by your brother's estate or a trust or other entity that took over his rights upon his death. In most cases only a decedent's probate estate or testamentary trust has a right to pursue the decedent's... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Massachusetts on
Q: Can the court change an agreement regarding real estate after divorce

The agreement state that after april first if wife can't refinance husband have the right to move back have sol occupancy of the property and refinance

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 11, 2018

This would normally be pursued in a Contempt Complaint to enforce the provisions of the Divorce Judgment and Separation Agreement. If the Court finds that the failure to comply was not willful or a clear violation the Court could grant some additional time to comply if t he circumstances justify... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: I have a lot next door with no owner. How would I go about aquiring the lot? It abutts my property and 3 others.

There is a property next door to me that has no record of an owner. I have done some homework and have paperwork and boundaries for all of the properties around me, but nothing regarding a recent owner for this lot. I am interested in purchasing it, but have no idea who to purchase it from.

John Espinosa
John Espinosa
answered on Apr 10, 2018

Every property is owned by someone. Start with the tax assessor's office records, which should be online. From there you get an owner name address and deed reference that you can do further research with. Www.masslandrecords.com for the registry of deeds records, including plans.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Is a lease valid in Massachusetts if it was signed AFTER a purchase and sales agreement was signed?
John Espinosa
John Espinosa
answered on Apr 8, 2018

The only way to answer your question is for you to hire an attorney to actually read and analyze the documents in question in order to properly advise you of your rights. Each contract is unique so a thorough review of both these documents is necessary to know how they interact and affect each... View More

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: bother died and signed over house to me. how do I get deed in my name?
John Espinosa
John Espinosa
answered on Apr 3, 2018

Depends on what you mean by the imprecise "signed over" term. Signed over could mean: (A) that she signed a new deed transferring the property to you before she died; or (B) that she named you in her will to inherit the property upon her death, in whole or in part. If A then you would... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: HOUSE WITH NO MORTGAGE WAS TRANSFERRED TO MY NAME WITH THE UNDERSTANDING THAT THE ELDERLY FOLKS GET TO LIVE THERE TILL

THEY ARE UNABLE. WILL I BE SUBJECT TO AN INHERITANCE TAX? I AM PAYING THE TAXES AND INSURANCE ON THE HOUSE. THANK YOU

John Espinosa
John Espinosa
answered on Feb 21, 2018

Impossible to know the tax implications without fully reviewing the relevant legal documents to determine exactly what was done and how. Hire an attorney or consult the attorney who handled the transaction to do this.

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