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Jennifer L. DiCarlo

Jennifer DiCarlo’s Answers

109 total


  • Is the "lender" responsible for proving a deed when a property is bought?

    I bought an apartment unit in 2006 but never received a deed along with the paperwork I signed. Is my bank responsible for providing me with a deed? I no longer have contact information for the person I bought the unit from.

    Jennifer’s Answer

    2 things: 1) you can acess your deed by going to the Registry of Deeds for the county in which the property is located and purchasing a copy (usually $1.00/page) or by downloading a copy from their website (some registries require a subscription to actually download a copy, but you shoudl be able to view it) or by requesting a copy from the Registry by mail (send them a self-addressed stamped envelope with your request and the appropriate fee and be sure to provide them with book and page numbers or document number); and/or 2) You can contact the attorney that closed the transaction. They may have the orignal in their file.

    FYI, when you get a copy of the deed or review it on the Registry website, it may reference (usually in the lower right hand corner of the deed) who the original deed was mailed to after recording.

    If the property involves registered land, the original is probably still with the Reigstry of Deeds and you'll only be able to obtain a copy of it as they retain original registered land documents.

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  • Can my landlord evict me??

    We have been living in our apartment for just shy of 2 yrs. We were late on our September rent because we have recently fell under some hard times. We are back on track and got all of the money together for our September and October rent and calle...

    Jennifer’s Answer

    A few questions for you that will determine your situation: 1) Do you have a lease or a tenancy at will? 2) Did the notice to quit specify a reason for the termination such as nonpayment of rent? 3) Have you recieved a notice to quit for nonpayment of rent in the last 12 months? 4) Does the notice to quit specify a vacate date of 10/27/12?

    If you have a written lease that is being terminated for nonpayment of rent, you are entitled to cure the breach by paying the amount due on or before the deadline for filing an answer in court once a summary process action is commenced. If you have a tenancy at will, you have the same right to cure, but only if you haven't received a notice to quit for nonpayment in the last 12 months.

    If your landlord is simply terminating your tenancy under a 30 day notice to quit without stating a reason, you may still have defenses to the eviction, but should consult with an attorney to determine what theyare.

    In any event, it sounds like you may have received a thirty day notice to quit that could potentially be defective because of the vacate date of 10/27. A thirty day notice to quit doesn't expire after thirty days, but rather expires on a date that rent is due. Assuming your rent is due on the first of the month, then the notice to quit you received may be defective and a defense to an eviction.

    Your next step should be to gather all of your rental documents, receipts, notices, communications with your landlord, etc. and consult an attorney.

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  • With an easement or access to property behind mine do I have to allow people who do not live there access to my driveway?

    Specifically driving in my driveway to the property behind mine?

    Jennifer’s Answer

    First and foremost, you must look to the actual terms of the easement. You should obtain a copy of it and review it for the parties' rights and obligations. If the easement is silent on certain uses and responsibilities, those will be filled in by default provisions of Massachusetts law if a dispute were ever to get to court. That said, typically an easement holder's rights would extend to their guests and invitees and the easement holder can make reasonable use of the easement. If the easement holder is overburdening the easement then that is another story and you may need to seek legal assistance to obtain an injunction. Easement litigation can be very expensive and time consuming so you should try to work out any issues you can with your neighbor to avoid it. Also, it can be very hard to swallow the fact that your neighbor has rights in your property that are in a way superior to yours. You can't interfere with their rights in your property or else you may be subject to suit by them.

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  • My wife's name is on our deed with and without a mistake. Maryjane Watson (correct), Mary Jane (Incorrect)

    I recently bought a house two months ago. My attorney made a mistake, but I did not notice my attorney’s mistake until now. Let’s say my wife’s name is Maryjane Watson. Due to my attorney’s mistake the third person is on our deed: Mary Jane. T...

    Jennifer’s Answer

    Rest assured that a title is not defective because of a minor variation in the spelling of a name. If you feel very uneasy about the situation, you can request that the attorney who drafted the deed record a title affidavit pursuant to Mass. General Laws Chapter 183, s. 5B to help clarify the chain of title for the property.

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  • I am disabled & me & my adult son are being evicted in boston,ma due to owner selling the house,

    the prospective buyer is a condo developer & wants it delivered vacant. Owner is denying that buyer is doing condo conversion. Purchase & sale agreement says he is remodeling the 3 unit dwelling. Buyer is a condo developer llc . He is paying cash...

    Jennifer’s Answer

    I think the problem here is that it sounds like the purchaser will be doing the condo conversion rather than the current owner so you might not be completely protected under the condo conversion law. You should bring everythign you have received to a landlord/tenant law attorney to get some legal advice. Even if the eviction is proper, based on your disability you may be entitled to a stay or postponement of the execution, which is the document issued by the court that ultimately allows the landord to have you removed from the property. It sounds like there are many moving parts and a consultation with an attorney would be in your best interests. If affordability is an issue, there are many legal services entities that provide free legal advice if you qualify.

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  • What I need to do when during the initial short sale process is full of red flags related with the potential buyer and realtor?

    I am in a short sale process due to unemployment. I am working with an org. that receives feds and state moneys. I have found that the Dir. of the program it is part of an independent realtor group where the potential buyer is part too. The mediat...

    Jennifer’s Answer

    It sounds like you should proceed with this transaction with more than an ounce of caution. In all the short sales I've participated in, the parties have been required by the seller's lender to sign an affidavit that states that the transaction is an arm's lenght's transaction and that the providing of false information could subject the parties to severe penalties. What you are describing sounds like anything but an arm's length transaction. If you have concerns, you may want an attorney or other legal services organization to review any documents you have already signed and to advise you on next steps, including possibly walking away from the deal. You are already having financial difficulties due to unemployment. You don't want any legal woes to add to them. Also, there are plenty of legitimate short sale opportunitie available. Don't fall victim to what sounds like could be illegal.

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  • Who will be ultimately responsible for repairs/ rebuild of toilet/ mold payments and hotel for unit owners below?

    Adjuster determined that it belongs the source of leak was from common area. Will the Condo Insurance cover all the above mentioned repairs??

    Jennifer’s Answer

    You should request a copy of the master insurance policy from your condo ass'n or management company or at least obtain the contact info for the master insurer so that you can contact them directly for a copy of the policy. Review the policy for what it covers. Your individual policy may need to duke it out with the master policy as to what each one will cover. You may also want to speak with your condo ass'n as to the process they have in place for these kinds of claims. They may be able to help you get it resolved. Alternatively, they could also be an obstacle. So be sure not to let the issue fester for too long without attention.

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  • The monthly rent for store is 975.00 a month.Contract states Tenant's fractional Share at 5.5% of building.

    Increased insurance cost, real estate tax, Water and sewer. Is this 5.5% extra to be added to monthly rent?

    Jennifer’s Answer

    With commercial tenancies, the answer typically is yes, insurance, taxes, utilities, etc. are shared expenses. But, you would have to look to the terms of your lease and discuss how you are to be billed for these items with your landlord. Commercial tenancies are much more flexible in terms of what and how the burden for expenses like you have mentioned can be shouldered by the tenant.

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  • Does Landlord have to tell me who is making complaints against me?

    A tenant is making false allegations to the management company ......management is using these alegations against me to evict me..........I asked that management tell me who it is. and they said that they can not because of privacy..............I ...

    Jennifer’s Answer

    • Selected as best answer

    You have not provided the subject or details of the complaint made by your neighbor. You should concerned about the contents of the complaint and subject matter of the complaint than with who is making it. The matter will likely only escalate if it pits the management against other tenants. I'm not sure reasonable accommodations can extend to the type of request you are making. You should seek advice and assistance from a legal services entity. There are plenty in the Boston area. Having an attorney as your mouthpiece may be a better way for you to deal with the now tricky situation you are in.

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  • If an eviction notice has been sevred and the tenant is to leave premises by the 31st and she owes me 9100.00 in past rent shoul

    d i be responsible for paying her the securtiy or 1st and last months rent? I have an attorney that has already charged me 5000.oo+ for all of this

    Jennifer’s Answer

    Your question seems to be lacking some facts. It sounds like you may have reached an agreement with your tenant. If that is the case, it should include how the parties are going to deal with last month's rent and the security deposit. Certainly it should be both parties' goal to reduce the amount that is owed to you for back rent, but often landlords waive their right to collect rent just so they can get the tenant to vacate the premises. Your attorney should review with you your handling of the security deposit to protect you from future liability if you didn't handle it in compliance with the security deposit law, which is very stringent.

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