Laurel H. Siegel’s Answers

Laurel H. Siegel

Boston Real Estate Attorney.

Contributor Level 7
  1. Want to start a at home/online fashion jewlery business

    Answered 5 months ago.

    1. Laurel H. Siegel
    2. Michael A. Satterwhite
    3. Stephen Daniel Karpf
    4. Frank Anthony Natoli
    5. Bruce E. Burdick
    5 lawyer answers

    You would need to consider what form of entity you will want for your business, such as a corporation or a limited liability company, or just operating the business as a d/b/a (doing business as) using your own social security number. You should confer with an attorney about the various liabilities and tax implications of the options available to determine which would best fit your needs, and that will determine what forms you might need to file with the state, your local city hall and/or the...

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

    Answered almost 2 years ago.

    1. Laurel H. Siegel
    2. Todd Allen Davidson
    3. Jennifer L. DiCarlo
    3 lawyer answers

    The closing attorney who handled the closing for your bank should have provided you with a copy of your deed. That said, many deeds in Massachusetts are available to view and print online. You may go to the State's web site here http://www.sec.state.ma.us/rod/rodgde/gdeidx.htm , select the town where your property is located to be directed to the web site for the Registry of Deeds where your Deed would have been recorded. You may then search for your deed either under your name or the...

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  3. When someone signs a deed on behalf of someone else, does the signer's authority have to be of record?

    Answered 10 months ago.

    1. Laurel H. Siegel
    2. Constantine T Mariolis
    3. Michael T Millar
    3 lawyer answers

    Yes, if one party signs a deed on behalf of another, there must be evidence on record with the Registry of Deeds documenting the authority of that party to sign. If authority is derived through a Power of Attorney, the Power of Attorney must be recorded, as well as an affidavit signed by the party to whom the power of attorney was granted stating that it has not be revoked or terminated. The deed would be signed as "John Smith by Maria Sanchez under power of attorney". If it were under a...

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  4. I have a 2nd mortgage on a property, a bank has the First; can I foreclose on the property because of non-payment to my 2nd?

    Answered 4 months ago.

    1. Laurel H. Siegel
    2. Alan J Pransky
    3. Michael J. Szklasz
    3 lawyer answers

    As a second mortgage holder you can foreclose on the mortgage. However, since there is a mortgage ahead of you in first place you would have to notify the first mortgage holder of the foreclosure, and if ultimately the property were sold in foreclosure the first mortgage holder would get paid first, and then you would receive any additional amount from the sale (up to the amount actually owed to you for your mortgage). If the amount from the sale of the property was not enough to pay off both...

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  5. Can a tenant repair an appliance himself and deduct the amount from the next rent without landloard's permission in Mass?

    Answered about 2 years ago.

    1. Laurel H. Siegel
    2. Erik Hammarlund
    3. Christopher W. Vaughn-Martel
    4. Thomas J Callahan
    5. Edward A. Prisby
    5 lawyer answers

    As a general rule, unless your lease or rental agreement states otherwise, your tenant may not withhold the cost of repairs from rent. However, if there is a violation that may endanger or materially impair the health, safety,or well-being of a tenant, the tenant may make the repairs himself and withhold the cost of the repairs from rent up to an amount equal to four months of the rent. To do so, he must first have the violation certified by a housing inspector or court and provide you with...

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  6. MA Lien on property..Can property be refinanced by daughter who resides at home (+ 10 ys) was caregiver

    Answered 5 months ago.

    1. Laurel H. Siegel
    2. Thomas C. Marino
    2 lawyer answers

    If there is a lien on the property, a mortgage lender would generally require that the lien be paid off prior to closing on a refinance. In some cases, they may permit the lien to be paid off using the funds from the refinance loan. You would need to speak directly with the lender you want to use to see if they would be willing to do that. If there are other people other than the daughter named on the deed to the property, the lender may require that all of the others be included as...

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  7. If I sell Moy house on a short will I owe taxes.

    Answered about 2 years ago.

    1. Laurel H. Siegel
    2. Todd Allen Davidson
    3. Dana Whitney Atchley
    3 lawyer answers

    Yes, you may owe taxes. The amount of your mortgage forgiven by your lender to allow you to sell your house for less than you owe may be considered taxable income. Under the Federal Mortgage Debt Relief Act of 2007 that income is currently exempt from federal tax (up to certain limits), but the act expires at the end of 2012 and may not be extended. There is currently no similar exemption in Massachusetts, so that income may also be subject to state tax. You should consult with an...

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  8. Does a tax assessor have the right to enter your home?

    Answered 11 days ago.

    1. Laurel H. Siegel
    2. Henry Lebensbaum
    3. Michael J. Szklasz
    4. Shelley Ann Elder
    4 lawyer answers

    In Massachusetts, the municipality does have the right to send an inspector to your home, and part of their inspection would include entering your home your home to determine what improvements or alterations may have been made that would have an impact on the assessed value of the property. You also have the right to ask them not to enter your home. However, in doing so, you would waive the right to later challenge the assessment of your property if you believed that it did not accurately...

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  9. I signed a mortgage for my brother. He hasn't paid in over 5 years and I have been stuck with it. How do I get out of this?

    Answered 11 months ago.

    1. Laurel H. Siegel
    2. Constantine T Mariolis
    3. Erik Hammarlund
    3 lawyer answers

    If you used your property as collateral for a loan for your brother and you signed a mortgage and a promissory note to the bank, you have a binding legal obligation to the bank to repay the loan and, absent some proof of fraud by the bank, there is no way to avoid that obligation. However, if you have suffered a financial hardship or have another qualifying circumstance you may be eligible for one of the many borrower assistance programs. Depending on what, if any, agreement you had with your...

    4 lawyers agreed with this answer

  10. Can anyone assist with a certain language in a P&S agreement?

    Answered 5 days ago.

    1. Michael J. Tobin
    2. Laurel H. Siegel
    3. E. Alexandra Golden
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    The language means that the seller has a contractual obligation to deliver the property to you without tenants, and if they can't do so they may be in breach of the P&S. However, if there are tenants in the property they also have certain rights and depending on the timeframe for when you expect to close, whether the tenants have leases or are tenants at will, and other factors, the seller may not legally be able to remove them before your closing. As mentioned by the other attorneys who...

    3 lawyers agreed with this answer