Laurel H. Siegel’s Answers

Laurel H. Siegel

Boston Real Estate Attorney.

Contributor Level 7
  1. Can anyone assist with a certain language in a P&S agreement?

    Answered 3 months ago.

    1. Michael J. Tobin
    2. Laurel H. Siegel
    3. E. Alexandra Golden
    4. Christopher W. Vaughn-Martel
    5. Steven S. Bloom
    5 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

  2. How are you today? my first question is how can i find out if my father owes taxes on his property

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Laurel H. Siegel
    3. Steven M Zelinger
    3 lawyer answers

    You should contact the tax department (often referred to as the treasurer or collector's office) for the municipality where the property is located. They may be able to give you an informal, oral statement of whether taxes are outstanding for the property, although not all municipalities are willng to do so. For a more formal statement, you would request a document called a Municipal Lien Certificate, which is a legal document listing any outstanding taxes and assessments for a property. You...

    3 lawyers agreed with this answer

  3. Can my mother put her home in my name even though she still owes a mortgage on it?

    Answered over 2 years ago.

    1. Laurel H. Siegel
    2. E. Alexandra Golden
    3. Mark L Scheier
    4. Abraham Thomas Schwager
    4 lawyer answers

    Most standard residential mortgages include what's called a "due on sale clause" which allows the lender to demand repayment of the loan in full if the ownership is transferred to anyone other than the borrower. However, there is a federal statute which exempts certain types of transfers from the due on sale clause, including some transfers to family members and to certain types of trusts. She should consult with an attorney to review your mother's mortgage and the federal statute to...

    3 lawyers agreed with this answer

  4. Hi ishort saled my house last year i do not owe the irs anything.why do i owe mass and anything i can do

    Answered over 2 years ago.

    1. Laurel H. Siegel
    2. E. Martin Davidoff
    3. Brian C. Pascale
    3 lawyer answers

    In 2007 the federal government enacted the Mortgage Debt Relief Act which has allowed taxpayers to exclude income from the discharge of debt on their principal residence, including balances forgiven by a mortgage lender when they accept a short sale. However, that act applies only to federal income tax, and Massachusetts has not enacted a similar act for state income tax, which is why you may still owe state taxes on the amount forgiven by your lender. You should speak with a tax attorney or...

    3 lawyers agreed with this answer

  5. Can a Homestead Declaration be filed under a different document type other than Declaration of Homestead?

    Answered 7 months ago.

    1. Joshua N Robbins
    2. Thomas C. Marino
    3. Laurel H. Siegel
    3 lawyer answers

    A homestead would not usually be listed under a different document name. And yes, you could file a new homestead if you wish. However, before doing so you may want to hire an attorney to review the title to your property for you. It's possible that the homestead was recorded but was not indexed correctly (names and addresses can sometimes be misspelled in the online index) and an attorney may be able to locate the original homestead for you.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a mortgage company legally add you to a mortgage without contactin you?

    Answered over 2 years ago.

    1. Justin Puhlick
    2. Laurel H. Siegel
    3. Erik Hammarlund
    3 lawyer answers

    Do you mean that you are both listed as borrowers on the mortgage, or just that you both signed the mortgage? If you and your wife are both listed on the deed to the property, even if your wife was the only borrower for the loan, the bank usually would have required you to sign the mortgage to show your consent to the lien on the property. That by itself would not make you a co-borrower on the loan. The bank would not be able to add you to the mortgage without your consent. You should...

    2 lawyers agreed with this answer

  7. What can be done about dog barking inside for long periods of time in the morning or at night. The building is owners only.

    Answered over 2 years ago.

    1. Erik Hammarlund
    2. Laurel H. Siegel
    3. Michael J. Tobin
    4. Lincoln W. Hobbs
    4 lawyer answers

    Even if your condo rules permit dogs, they often also include provisions prohibiting unit owners from causing a nuisance to their fellow owners, including such things as causing unreasonable noise and dirtying common areas. In addition, if you reside in Boston, the city has an ordinance prohibiting a dog owner from permitting a dog to be unreasonably noisy, and many other municipalities have similar dog or noise ordinances. You may want to consult with an attorney to review your condo...

    2 lawyers agreed with this answer

  8. Why can't I find my property's deed registered?

    Answered almost 2 years ago.

    1. E. Alexandra Golden
    2. Keith G Langer
    3. Laurel H. Siegel
    4. Todd Allen Davidson
    4 lawyer answers

    There are several possibilities - the deed may be dated before the available online records, your name may have been misspelled when the deed was recorded, or the deed might have been misindexed. Also, some properties are recorded as what is known as registered land, which is listed under a different section of the Registry's web site. You may want to contact an attorney for assistance in locating your deed.

    1 lawyer agreed with this answer

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  9. Sales VErification form from my town assessor

    Answered 5 months ago.

    1. Laurel H. Siegel
    2. James Ostendorf
    3. Thomas C. Marino
    4. Katherine R Dorval
    4 lawyer answers

    The municipality does have the right to ask questions to verify the details of your property, and even to have someone inspect the property. You have the right to refuse to answer or to permit inspection but in doing so you also would be waiving your right to challenge the assessed value they give to your property if you disagreed with it.

    1 lawyer agreed with this answer

  10. Negotiating a purchase and sale

    Answered over 1 year ago.

    1. Herbert Warren Cooper IV
    2. Laurel H. Siegel
    3. Henry Lebensbaum
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    The Offer itself is a binding agreement, making its terms, including dates, firm and you cannot change them without the agreement of your seller. However in some cases the seller will be agreeable to changing the dates if it is explained that the original dates may not be achievable and why. You should ask your broker to go back to the seller to see whether they will agree to extend the dates.

    1 lawyer agreed with this answer