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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: Under general laws chapter 59 section 38D can they charge me 50 dollars if I do not have info to them in sixty days?

Above ? Is on real estate I purchased recently. Do I need to let assessor come into my home to inspect? All my years in buying and selling I never encountered this infringement on my privacy before or been threatened to be charged money if I don’t comply with the asssessor request.

John Espinosa
John Espinosa
answered on Feb 21, 2018

Under the plain language of the law itself, they do have the authority to charge a $50 penalty if you do not provide them the information required for them to assess the residential property: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter59/Section38D

2 Answers | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: My son and daughter in law signed a financial agreement to repay me $150000 over a period of 20 years.

They have not made any payments, what can I do, they live in Boston. The note says that the house that they purchased from me is security for the loan. I am 72 and need the money to live on.

John Espinosa
John Espinosa
answered on Feb 16, 2018

If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.

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1 Answer | Asked in Real Estate Law and Elder Law for Massachusetts on
Q: Can you force someone off the deed if an elderly person was taken advantage of?

We have this older person who has no family left in the US. Some time ago she sold her prior house and moved closer to people she knew while her husband was still alive in order for all of us to take better care of her. Her husband has since died and she is left with no family in the US.... View More

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

Is the elderly woman competent and cooperating with you and understanding that the "other woman"'s behavior was questionable? If so then she can hire counsel to seek to revoke the deed based upon the conduct of the "other woman" and should do so as soon as possible.... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can I be evicted?

I live in my mother’s husbands apartment , he owns the property not my mother. Her name isn’t on it at all. They are separating and they fight really really bad. . He came tonight to collect our rent check and was fine, nice and all good! Apparently they are fighting again and he is threatening... View More

John Espinosa
John Espinosa
answered on Jan 28, 2018

Here is a good resource for the basics: https://www.mass.gov/service-details/learn-about-responding-to-an-eviction-for-tenants

Then look at it from the lanlord's perspective, which outlines the steps to begin eviction:...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have 2 abutting properties purchased 20 years apart which I would like to combine into one parcel. Where do I begin?

One parcel abuts a private road, the other is landlocked. They are in Barnstable County. The parcel abutting the road was purchased and meets the requirements for a proper right-of-way to the second parcel to which it is attached at the other end. I would like to combine the parcels into one... View More

John Espinosa
John Espinosa
answered on Jan 23, 2018

This process is at the municipal level first. Hire an experienced real estate attorney, they will tell you to get a new plan done by a land surveyor to show the changes you want approved, and then help you get it approved by the town planning board. For example, here are the regulations and forms... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Tenants of Entirety cape cod home, what happens when mother in law dies with 2/3 ownership My wife and I own 1/3

I want to get answers from lawyer

John Espinosa
John Espinosa
answered on Jan 16, 2018

Tenants by the entirety is only between married persons. So the 1/3 that you and your wife own together may very well be as tenants by the entirety, but that tells us nothing about the 2/3 that you say her mother owns in relation to you. If that ownership is as tenants in common, then her ownership... View More

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Signed a purchase & sale stating the sellers would remove shed.

The shed was falling down & would not have passed the inspection for a usda loan. Our loan was denied due to my husband getting 5 less hours a week at work. Now the sellers said they will not give back the deposit because they removed the shed & that it's my husbands fault we... View More

Vincent Gallo
Vincent Gallo
answered on Dec 27, 2017

Sue them for your money back if you are confident that this is how the contract reads.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If two people who Co habitate, each on the deed both Re mortgage a home, and one passes, can the other sue their estate?

They were not married, but lived together for 38 years. They both each took out loans to Re mortgage the property, but one passed leaving the other a large debt.

John Espinosa
John Espinosa
answered on Dec 21, 2017

First you need to look at the deed to see how the property ownership is held. If it is as tenants in common, then the estate is responsible as a co-owner of the property. If it is as joint tenants, then upon death the other owner automatically becomes the sole owner by operation of law and the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My driveway is technically a paper road, if I do all of the maintenance, can I claim this property?

I have done all maintenance, plowing, mowing adjacent grass, clean up etc for 13 years.

John Espinosa
John Espinosa
answered on Dec 6, 2017

This is a complicated question that requires an experienced real estate attorney to derermine what your rights are. Here are some resources to learn more about the law of paper streets: https://www.mass.gov/service-details/massachusetts-law-about-roads-and-streets

1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: I am buying a house with my wife, now she wants a divorce.I will buy the house. How do I keep it from be common property

I live in Massachusetts and will require no aid financial or otherwise from my wife.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 10, 2017

Do get the divorce first . You would be at the very least complicating things unnecessarily by expending monies on real estate and potentially your expenditure could be an over-extension of your credit to prevent you from providing support to the spouse or viewed as a plan to deprive the spouse of... View More

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts on
Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

I do not want the nursing home going after the house.

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 26, 2017

I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: I am thinking about buying a house in Norton, MA with my cousin and his wife. Are there standardized contracts for this?
John Espinosa
John Espinosa
answered on Sep 25, 2017

You need to consult with a real estate attorney to discuss the details of your goals in order to figure out the best way to structure it legally. Do not try to do this yourself using a form contract because there are many different possibilities and you don't want to end up doing it in a way... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Massachusetts on
Q: Does PR need to seek court's permission to charge rent to tenant residing in decedent's 3 family home?

My mother passed away intestate in Jan 2014. Recently, I was appointed PR of the estate. In addtion to myself, my sister and brother are the only legal heirs. The estate's only asset is the family home which is a multi-family, 3 decker, located in MA. Currently, my sister resides in the 1st... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 19, 2017

This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help.... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I want to buy a house and my parents are going to cosign for me, but they already own their own house, the mortgage

company is saying that i have to put 20% even if my parents won't be making money on the house they are just cosign. How can i get around putting 20% down?

John Espinosa
John Espinosa
answered on Aug 18, 2017

Unfortunately, the mortgage company dictates those conditions. They have the power since they are lending you the money. You could try shopping around with mortgage companies/mortgage brokers, and also check first-time homebuyer programs in your area to see if you can get a better deal. I assume... View More

2 Answers | Asked in Elder Law, Probate and Real Estate Law for Massachusetts on
Q: My father passed two years ago in Florida. My father was due an interest in his fathers home along with two siblings i

In Massachusetts. The property is now for sale and the realtor says we must hire probate atty. true or false and in what state?

Thomas Tripp
Thomas Tripp
answered on Aug 18, 2017

I would need more facts, but it sounds like you need to have an probate administration in Florida and an ancillary administration in Massachusetts.

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1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: does it matter who probates a estate?if not does the person who probates the estate will they be app. executor

my sister lawyer will probate the estate but my other sis is named executor in the will.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 9, 2017

You have not stated the relationship to you of the decedent and whether there was a surviving spouse. If the Will named your other sister as the Executrix, she would have priority to be appointed over the "other sister.", but she would be free to decline and assent to the appointment of... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My neighbor is building a oil tank under the a road easement and the easement is our land, Can My neighbor do it?

Beside the easement, in my neighbor's land, there was a old small oil tank and he removed the old one and they are building 2 new tanks now and the part of a new tank is under the easement and easement is our land.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

You can report this to the city or county if he's not properly licensed and the inspector hasn't approved it. You can check the public records at the city or county office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Stockbroker Fraud, Business Law and Real Estate Law for Massachusetts on
Q: can a listing broker (restaurant) keep a forfeited deposit from a potential buyer or does it go to the seller

I have a small restaurant that I am selling, I have it listed with a broker. We had a potential buyer who made a $1,000 deposit. The buyer did not obtain financing, so they forfeited the deposit. The broker kept the deposit. I feel like that should be mine. The broker will earn his money on... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If you're still living in a house that was taken by the town can you pay the taxes and get it back?

I searched the town records and it appears as though my mom fell behind on taxes in 2014 and the records show the house was taken. She's still living in the house. Is there anyway that we can get the house back if we pay the outstanding taxes or will they eventually force her to leave the home?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

Who owns the house now? Is she being evicted? Was the foreclosure finalized and sale transferred? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a landlord need to remove the second kitchen when combining two apartments as is done in New York?

I have not found any regulations stating that an apartment may not have two kitchens in Massachusetts. I'm moving in with a couple that recently had their apartment combined with another unit and the landlord capped the gas in the second kitchen under the impression (or advisory) that it was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

It depends on your local zoning and building rules. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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