Massachusetts Real Estate Legal Questions

Good morning. If the trust agreement allows for the same then you could purchase the property from the trust and the trust would disburse the proceeds of the sale. Please feel free to call me to discuss in greater detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com  Tel: 401.490.0994 / Fax: 401.490.0945  ... Read More

Good morning. Your co-tenants (i.e. 5 others) would likely be able to force you to sell the property in an action for partition in sale unless some specific circumstance prevents the same (i.e. deed restriction, etc.). Please feel free to contact me to discuss this matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read More

An elderly homeowner who has no money can go to the town or city where he lives and file for an elderly abatement or deferral of real estate taxes. In the case of deferral, a lien would be placed on the home and the real estate taxes would not have to be paid until the home is sold. Another option available to an elderly homeowner who wants to stay at home but is cash-poor would be a reverse mortgage. The homeowner could receive a lump sum to make repairs and also receive monthly payments. The home would not have to be sold to make repayment until after the homeowner dies or leaves the home for a lengthy period of time.... Read More

Ordinarily you cannot claim reimbursement for work performed by outside contractors in connection with a loan application.  The appraiser is normally an independent contractor who has nothing to do with the mortgage lender or the strength/weakness of an application.  The appraiser performs his services for the lender and the lender ORDINARILY requires the applicant to agree to the payment of such as a condition to processing the loan application.  It would be an unusual circumstance where a mortgage lender or mortgage broker would agree to pay for such.  ... Read More

If you accepted an offer to sell in the exact terms of the offer, then you have a contract.  The nature of a contract is to bind the parties to their written word.  (May I also assume you paid some earnest money?) If, after entering into a valid contract, the sellers backed out, you probably have a valid reason to sue.  However, it might be a mistake to do so.  You will probably have to file suit in Florida (or perhaps in Indiana), so geography alone will make the prospects very expensive for you.  Unless the contract specifies that you are entitled to attorney fees and court costs, this could be enormously expensive.  The most likely remedy would be a court order for the sellers to sell.  Unless you can prove some kind of financial loss resulting from their backing out of the transaction, you cannot recover damages.  A more practical response, in my opinion, is to write the experience off as a bad one, and get on with life.  I would certainly ask for the earnest money back though - and I could not imagine difficulty in getting those funds back.... Read More

The answer will almost certainly be found within the text of your association governing documents.  Read them carefully.  If you do not understand the meaning of those provisions that seem pertinent to the question, consult a good real estate attorney.  The comfort of knowing exactly where you stand on the question is well worth a modest conference fee.   If the governing documents do not seem to address the question, the board should rule on the question.  In that event, it seems to me that three considerations should be at the forefront: (1.)   Restrictions on pets are probably designed in part to contain noise and other annoyances caused by pets.  What kind of pets are involved here and what is the likelihood they will annoy the neighbors?  (2.)   Restrictions on pets are possibly designed in part to help preserve the quality of the homes within the neighborhood.  Homes are sometimes damaged and defaced by pets thus detracting from the overall appearance of the subdivision.  The owner should be consulted.  (3.)   Bottom line -- there would seem to be no discomfort in denying a                     ... Read More

You will have to begin your work with a good record examination of the background title, and probably you will have to have the property surveyed.  The important question is whether the rock wall was built on the line and whether it has ever been moved.  If your title examiner and your surveyor conclude that the property was adequately described when your parents bought the place, and the rock wall was placed on the line, you should have a strong case.   You may have a strong case even if the rock wall was not built on the line.  Most (probably all) states have laws dealing with "adverse possession".  This is a concept a bit like "squatters' Rights" -- if the owner of land allows someone else to occupy his property long enough without protest, then at some point, there is a presumption that the occupier in fact owns the property.  So, long years of possession may entitle you to claim good title to the disputed land even if the wall was built beyond the true line. Be advised, however, that the rules of "adverse possession" do not apply to governments.  If the adjoining land where the school is to be built has been owned by the city all this time, you can't claim adverse possession against it.  See a good real estate attorney in your area and have the background checked, and have your own well-qualified surveyor check the accuracy of your own description -- and the accuracy of the city's survey work.  Good luck!... Read More