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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Cannot get ex tenant to pay rent, owe's me for 8 months. Yell's at me for asking. I have no money left. I am a disabled

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 »

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA residents, mom willed CT RE to me and sister, estate probated in MA, but no deed to us. To sell how do we show title?

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?

Lillian J. LaRosa
Lillian J. LaRosa
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.

2 Answers | Asked in Real Estate Law and Banking for Massachusetts on
Q: Regarding an indorsement of a promissory note, does the "no space" test only apply to the originally printed side?

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 »

Christopher Tolley
Christopher Tolley
answered on May 9, 2022

Please explain what you mean by the "no space" test.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA superior Ct has judged mortgage company to be in default, but did not declare the note void. can I sue for damages?

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?

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My mother-in-law wants me to go on the deed and then refinance the house we rent from her. I would be 1% on the deed.

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.

Lillian J. LaRosa
Lillian J. LaRosa
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 »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If I want to create a common driveway

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

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I be evicted for only owing January's rent? I just got a 14 day notice. I don't owe any rent except for January's.

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 »

Lillian J. LaRosa
Lillian J. LaRosa
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 »

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: my grandparents left my uncle and mother property in NH. My mother recently passed away and I have a court date that m

he wants me to have no rights. i'm not on the will but guess have rights to half the property. is that true

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 6, 2022

There is not enough information to truly answer your question other than to say that the Will is an important instrument which could well address the issue of the interest in real estate and it is also unclear where your mother was a resident- Massachusetts? New Hampshire? as the State of her... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I sue neighbor for illegal activities bringing down home value?

Massachusetts absentee neighbor runs illegal boarding house. Has been cited by town several times but continues activities. I’m unable to sell home because buyers specifically mention the eyesore and illegal activity next door. Can I sue?

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2022

Sounds to me like you may have something to go on. I would find a qualified attorney to explore your course of action in more detail.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If a quitclaim deed is altered before filing(crossed things out& wrote in something different)does it void the document?

I can email a copy of the quitclaim deed in question. I'm hoping the 'edits' that were made by grantee without my knowledge will void the document altogether.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 31, 2021

Insignificant edits would normally not be a problem, but if there are truly changes made in the essence of the grant, then there could be a cause of action . Sometimes the Registry of Deeds will not accept a document which is changed for recording. Was the deed recorded?

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If my mortgage is in default, can I sell part of my land?

We are back $5,000 and have an offer of $25,000 for a part of our land

Christopher Tolley
Christopher Tolley
answered on Nov 8, 2021

You would have to obtain the permission of your current mortgage holder. They may not be willing to accept a partial payment in exchange for a release of part of the mortgaged land, and they certainly will not give a release unless you are current on the mortgage payments. They also might want to... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a rental property which only has master insurance. An adjoining unit had a water leak that caused damage to my

unit. The other unit insurance adjuster has said that there is no negligence on the owner of the unit so no liability reimbursement required. The water clearly came from the other unit. Do I have a legal recourse here to sue for damages? Thank you.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 27, 2021

This is really more of an insurance issue than a real estate question. Some people hire independent adjusters to deal with claims for property damage.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My home was shot up with me and my kids in side. Then 3 days later it happen again but we were not in the house the

Second time. I provide a written letter on how we were told by the police to not go back and it was unsafe. Now they are trying to collect for un paid rent and damages from the bullets and the condition of the home. Can I appeal due to General Rules

Section 8-112 - Termination of tenancy... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 22, 2021

You need Landlord Tenant counsel rather than real estate counsel.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

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?

Lillian J. LaRosa
Lillian J. LaRosa
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... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

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.

Christopher Tolley
Christopher Tolley
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... Read more »

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1 Answer | Asked in Real Estate Law and Trademark for Massachusetts on
Q: Taking signs Down do you have to replace them with blanks after your lease is up
Linda Liang
Linda Liang
answered on Oct 8, 2021

Review your lease agreement. You will know your obligations

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
PREMIUM
Robert Simonian
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... Read more »

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate attorney had me sign quitclaim and contract selling properties to my ex, have not received docs with his sig

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... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
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.

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