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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?
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... View More 
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.
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... View More
i am now disabled and cannot work. my income now after bankruptcy is 848. a month.
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... View More
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... View More
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.
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... View More
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!
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
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... View More
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.
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.
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... View More
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... View More
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... View More
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.... View More
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... View More
Without informing me?
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 .
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 .
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.
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.
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... View More
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... View More
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... View More
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... View More
I have resided in my home for 32 years and have had a fence that separates my property from a adjacent property. The adjacent properties garage has been the separation of the two properties since I have been here . In this time I have installed 2 fences with the permission of the prior owner and on... View More
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answered on Apr 15, 2021
That is actually Acquiesence to a Boundary. If sued, hire a competent attorney to defend the Boundary as the fence now stands for a long time.
Am I allowed to break the lease to my apartment if I find my dream house while while my lease is yet to reach the date of termination and not have the landlord charge me rent for the remainder of my lease?
answered on Apr 9, 2021
Typically no. The terms of a lease, if the terms follow Mass law will likely hold, and a breach of those terms will likely result in the breaching side owing any penalties due under the lease. On the other hand, if the landlord is not providing habitable conditions, or violating Mass law relative... View More
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