Francis V Kenneally's Answers

Francis V Kenneally
Boston Real Estate Attorney.
Contributor Level 8

3

Attorney answers:

  1. Francis V Kenneally
  2. Kara O'Donnell
  3. Maury Devereau Beaulier

A lien was placed on my house for $3000. Once I make the payment to the debt collector, how do I ensure that the lien is removed

Asked by a user in Acton, MA - over 2 years ago.

I would need more information to answer this fully. I am assuming that you were sued, a judgment was entered, an execution issued and then the plaintiff recorded the execution at the registry of deeds. Once you satisfy the judgment, the attorney should return the execution to the court as satisfied in full. You should then request a clerk's certificate from the clerk's office ($20.00) and record that certificate at the registry of deeds ($75.00).

1 lawyer agreed with this answer

1 person marked this answer as helpful

5

Attorney answers:

  1. Paula Jeanette Mcgill
  2. Francis V Kenneally
  3. Mark L Rosenberg
  4. Nathaniel C Fick Jr
  5. Lars A. Lundeen

Do you file a lawsuit even if it is pedestrian error

Asked by a user in Baltimore, MD - almost 3 years ago.

First, I am sorry about your grandson's injuries. You are basically asking if a lawsuit should be filed in a situation where, in your opinion, your grandson might be partly at fault. Maryland is a contributory negligence state which in theory means that a plaintiff who is 1% responsible for his injuries cannot recover damages. As a practical matter, Maryland juries do not always strictly follow this rule of law. The decision to file a lawsuit can wait for another day. You should consult a...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Robert W. Kovacs Jr.
  2. Francis V Kenneally
  3. Jason Y. Chan

I just started law school and my house is being foreclosed on, will that prevent my ability to sit for the bar exam???

Asked by a user in Boston, MA - over 2 years ago.

I agree with my colleague. Assuming you haven't committed loan fraud that could lead to a felony conviction, you should be fine. The key is disclosure. To the extent there is a question on the bar application that is relevant to the foreclosure case, you should answer it truthfully and completely.

1 person marked this answer as helpful

1

Attorney answers:

  1. Francis V Kenneally

I have credit cards that have a balance. If I die all of sudden, the card companiies will take my money from my bank account?

Asked by a user in Boston, MA - almost 3 years ago.

No. A credit card company has no right to take money from your account when you die. The company must file a notice of claim against your estate within a year of your death to preserve its right to repayment.

1 person marked this answer as helpful

2

Attorney answers:

  1. Francis V Kenneally
  2. Christopher W. Vaughn-Martel

When does a contract commences?

Asked by a user in Massachusetts - almost 3 years ago.

I don't understand how a document signed on February 14, 2009 can be notarized on March 17, 2009. The document should have been notarized in the presence of the notary on the date it was signed.

1 person marked this answer as helpful

4

Attorney answers:

  1. Bruce H Murray
  2. Francis V Kenneally
  3. Henry Lebensbaum
  4. Lars A. Lundeen

What should I expect from insurance when the other driver is at fault...?

Asked by a user in Boston, MA - over 2 years ago.

You should be careful not to handle the settlement of the claim by yourself. Your claim should not be settled until your fracture has healed and only after you have received a medical opinion concerning the probability of future pain or problems with your hand. If I can help you, please feel free to call.

4

Attorney answers:

  1. Francis V Kenneally
  2. Christopher W. Vaughn-Martel
  3. Michael D. Gorman
  4. E. Alexandra Golden

Can my sister,executor of father's estate ,bypass will & put all assets in a trust for our severely disabled nephew or his mom

Asked by a user in Boston, MA - over 2 years ago.

Your sister's designation as executrix under the Will is irrelevant until your father dies. She may be getting this confused with her possible appointment by your father as his attorney in fact under a Power of Attorney. If your sister is the attorney in fact, then her current power would come from that and not the Will. If there is no appointment under a Power of Attorney, then your sister has no more say in the situation than you. Keep in mind that her appointment under a Power of...

1

Attorney answers:

  1. Francis V Kenneally

If I sell short, and have some savings, will the lender ask for all the savings?

Asked by a user in Boston, MA - over 2 years ago.

The approach to short sales varies widely from lender to lender. I can only comment on what the lenders in the short sales I have handled have done. I have not had any lender require a seller to provide compensation out of pocket as a condition of the sale. The only conditions that I have seen are (1) the lender's requirement that the borrower sign a note for the difference or (2) notice from the lender of their intention to issue a 1099 to the seller. That said, if you have a large...

4

Attorney answers:

  1. Henry Lebensbaum
  2. Francis V Kenneally
  3. Kelly A. Broadbent
  4. Lars A. Lundeen

Hi, I was recently involved in a accident. I rear ended a car that was unregistered since June. My insurance says its my fault?

Asked by a user in Burlington, MA - over 2 years ago.

I agree with my colleagues. Accidents happen and the purpose of the insurance coverage you have is to defend claims that are made as a result of your negligence. Here, it looks as though you were negligent so your insurance company has a duty to defend you if you are sued. They also have a duty to try to resolve the claim in good faith before a lawsuit is filed. Above all, the status of the other driver's registration and insurance is irrelevant and I do not think there is anything to...

3

Attorney answers:

  1. William T Harrington
  2. Christopher W. Vaughn-Martel
  3. Francis V Kenneally

My husband and I are buying a house together in Mass but we have not signed the P&S yet. Are we still legally bound?

Asked by a user in Plymouth, MA - almost 3 years ago.

My colleagues above are correct. Many people view the Purchase and Sale Agreement as the only document that determines the rights and liabilities of the parties. If, however, you signed the standard Offer to Purchase you stand to lose your deposit if you back out The answer to your question depends upon whether you signed an Offer to Purchase and if so, what the Offer states.