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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Does MA have a law on the timing for intent to renew/not renew an annual lease?

Does Massachusetts have any laws on the minimum or maximum number of days a tenant or landlord has to provide an intent to renew/not renew an annual lease?

I received a notice from my landlord (property management company) asking me to provide my intent to renew or not renew for a September... View More

Christopher Tolley
Christopher Tolley
answered on Nov 13, 2023

There are no statutes requiring that a lease contain a period during which advance notice of renewal or non-renewal of the lease be given.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Hi. Can my partner quitclaim deed his property to me or change it to joint tenancy? He has a mortgage in the property.

Thank you in advance

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 1, 2023

Generally mortgages have terms that a transfer of the property can calls the promissory note in or due to be paid, called a "due on sale " clause, but the owner can contact the mortgage holder and inquire about adding you as an owner and their preferred mechanism to do so with regard to... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: Land Dispute in a Land Court, What defenses do I have to oppose a motion to impose fee? Which law supports my defenses?

I'm inquiring about MA rule of law on a motion to sanction or fee impose on a defendant. This is land court, land dispute, and contempt proceeding. I was sued for a prescriptive and adverse possession easement in a planned community. The Plaintiff claims that I have violated the order and... View More

Anthony M. Avery
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answered on Oct 11, 2023

You will need to file an Response denying the allegations. Get ready for the hearing with any witnesses and/or evidence of your obeying the Order verbatim. I recommend hiring a MA attorney as incarceration might be a possibility.

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
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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 and Probate for Massachusetts on
Q: Does Massachusetts use an Executor's Deed or a Deed of Distribution to transfer real estate bequeathed under a will?

If the will was probated outside of Massachusetts (or internationally), do additional steps need to be taken in Massachusetts before submitting the new deed and probate documents to the Registry Office?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2023

There would be an Ancillary proceeding usually since Massachusetts real estate was involved apparently from what is understood of the question posed.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: I was served a Summons in a Civil Action by my deceased parents mortgage company. What specialized attorney should Icall

My brother and I do not want this house. It had a mortgage on it. Both parents are deceased. I called my probate attorney in the county the house is in and because it the document we were served is for the United States District Court in Northern District of Texas, he does not handle federal (?)... View More

Christopher Tolley
Christopher Tolley
answered on Aug 23, 2023

I suggest you ask the probate attorney to give you his thoughts on what relief the plaintiff bank is seeking in the complaint. He/she should be able to do that just by reading it. Then you can start looking around for an attorney who handles that sort of case. I represent lenders in foreclosures... 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 Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: Beneficiary of a Trust . Trust being challenged to change beneficiaries other party claims person who passed wasnt well

I was not present when the Trust was signed did not know i was a beneficiary but a family member was present witnessed this as Trustee and the settlor signed it . If for some odd reason this doesnt go in my favor do I have a lawsuit against the attorney who notarized the Trust as a benificary.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

Is the Settlor lacking competence or under duress or undue influence in the transfer into Trust? These are the issues.

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 Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: As a cash buyer is it required to have a title V inspection to close on a home in Massachusetts
Christopher Tolley
Christopher Tolley
answered on May 1, 2023

If the property is a single family residence served by an onsite sewage disposal system you have to comply with Title V regardless of how you pay for the home.

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...
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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

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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

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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 Collections for Massachusetts on
Q: City gave notice of unpaid property taxes (2 years old) that were already paid during closing to be paid by certain date

Or they'd put a lien. I paid the dues in time with confusion from city that once I find the evidence of payment during closing, I'd get reimbursed. I did find that evidence and provided it to them. Treasurer confirmed in email to refund the amount I had paid earlier. It's been almost... View More

Christopher Tolley
Christopher Tolley
answered on Mar 6, 2023

If you have submitted al the materials necessary to show you paid, the refund should be forthcoming. Are you otherwise current on your real property taxes? If not, that may be the hold up. Otherwise, keep after them.

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