Glenn F Russell JR's Answers

Should tenant pay any rental before they move in? Is it leagal to show a unfunction home and ask for last month rental to fix it

Hello I'm not entirely sure what your reference is to an"unfunction" home. However, if the conditions are as bad as you describe the residence may not be legally "habitable" or even compliant with local housing code requirements. Unless there is no other housing or unless this is the only rental in your price range, I would look at other properties Additionally, you may want to put a call into your local city hall to discuss your concerns about the habitability of this residence. As...

3 lawyers agreed with this answer

MA/HI Foreclosure prevention - forensic mortgage analysis?

Forensic Mortgage Analysis usually involves examining the mortgage and note to determine whether the mortgage lender and/or mortgage servicer complied with federal law by making required disclosures under the Truth and Lending Act (TILA) and or other federal statutes. In a foreclosure context, the Truth and Lending Act usually only applies to non-purchase loans secured by residential property, eg. Home Equity Lines of Credit (HELOCS) or second mortgages. Required disclosures usually...

3 people marked this answer as helpful

Buying real estate at auction - need answers quick! MA

If the tenant hires me to defend him or her, it will be very difficult for you to evict the tenant Just an FYI, I have a pretty decent track record, and you can research that fact by looking at a few cases of mine starting with US Bank v. Ibanez

1 lawyer agreed with this answer

Can realtors enter a rented property when no one is home?

Asolutely NOT! They would be premitted to enter with reasonable notice to you, however when they enter without notice they are trespassing, and potential engaged in a constructive breaking an entering. You are paying rent, and while still a tenant you have the exclusive right to the interior of your arartment. Explain this to your "friendly" Realtor, or contact me, and I will explain it him/her that under no uncertain terms will he/she EVER show up in your apartment ever again....

1 person marked this answer as helpful

If I file for bankruptcy can I avoid foreclosure and keep my condo

Hello: If you file a Chapter 13 Bankruptcy, all this will do is allow you to make current payments, and an extra amount to pay off any arrearages. In other words you'd have a higher monthly payment than you do now. Another option would be to look into the mortgage you took out, to see if there was any lender irregularity, fraud, or any other defenses you had to foreclosure. The last fall back position would be to seek a "short sale", that is getting your lender to agree to accept less...

1 person marked this answer as helpful

WHAT HAPPENS IF THE MORTGAGE COMPANY BUYS BACK MY MORTGAGE/HOUSE AT FORCLOSURE AUCTION?

The fundamental thing to understand is that if your mortgage was not taken out with a local bank or credit union there is no longer a "bank" or "lener" involved with your mortgage. The only role that the "bank" now occupies is that of a bill collector on behalf of a securitized trust that purportedly owns your loan Because the entity that foreclosed on your right of redemption "purchased" your property, you could seek to challenge the legality of the foreclosure under the strict...

Which bank should I be speaking to about a short sale or deed in lieu if my mortgage was assigned 2 weeks ago?

There is no "bank" that owns your loan, as it has been "securitized". In your case the "bank" is merely a debt collector (mortgage servicer) who has been given complete autonomy to conduct the foreclosure process for either a disclosed or undisclosed business securitized trust in which the rights to receive your mo thy mortgage payment were sold in the form if bonds to large institutional investors. So you would need to contact the latest cockroach debt collector mortgage servicer, but...

A final follow up to my earlier questions regarding my small claims court tomorrow.

Hello You should challenge their "standing" I guarantee that these people do not "own" the debt,or if soit was [ushased for pennies credit card debt was "securitized". Also challenge themas a non-real party in interest under Rule17.. Best of luck

Can same law firm conduct a foreclosure and an auction in MA? Is this a conflict of interest?

i could only imagine one entity that fits the description you gave, its name is the first name of a very famous home fun hitter for the Minnesota Twins a long time ago You would think that's a conflict, but this same entity also owns a title company ans has signatory authority to assign mortgages to clients it performs foreclosure prosecutions for...the long answer would be yes, but apparently no one has seemed to care at this point, however Id bring this to someone's attention i believe...

My tenants were under a standard GBREB lease. carpets are dirty, can I deduct the cost of cleaning from security

I agree with my brothers comments, who answered previously. I would like to reiterate that keeping a tenants security deposit (or any part thereof) is for DAMAGE to the premises, not cleaning. In light of Massachusetts Court views toward the tenant's rights to the return of their security deposit, unless the carpets are extremely filthy, bordering on needing to be replaced, best practice would be to just chalk it up to a bad experience and move on. Glenn Russell Law Office of Glenn...