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I bought a house. I looked at the previous deed and the description is the same. All that changed is names and date and amount of money.
Unless the legal description for the property changed since the last deed, what your describing is pretty typical. Hopefully the attorney confirmed that there were no errors in the prior deed and also included a homestead release and proper notary clause. If you are concerned, you can always have another attorney review it.See question
The SA was signed back in 2015. The Quitclaim is filed, the retirement accounts divided, the alimony arrives (relatively) on time. I want my case file back. She would not be the attorney I'd use if Contempt occurred. Can I get my file?
You can certainly request a copy of your file from your attorney and they would be obligated to provide it to you. Another approach, in addition to getting a copy of your attorney's file, would be to go to the court in which the divorce was filed and obtain a copy of all pleadings, motions, financial statements, orders and judgment. That way you are certain you have the official record. Best of luck to you!See question
I have a vacation rental on Cape Cod and a perspective tenant is requesting to rent it year round, starting in June for a greatly reduced rate. This has some advantages, but only if the tenant pays all 12 months of rent. Can I charge a substanti...
I wasn't clear on whether you were requiring prepayment of rent up front. Although you may be calling the rental property a "vacation rental," it sounds like you have entered a gray area, given the length of the rental, in which the security deposit statute (M. G. L.c. 186, s. 15B) would be imposed. In which case, you are prevented from collected any more than first month's rent, last month's rent, a security deposit equal to first month's rent and the cost of a lock and key. As my colleague stated, late fees cannot be charged until rent is 30 day late. Reverse penalty clauses giving the tenant a discount if they pay by a certain date are illegal. Late fees cannot be unreasonable or excessive and must be tied to actual losses. It is better to start off on a clean slate, charge a market rate for the rental rather than to try to creatively obtain what you intended in the first instance, but didn't bargain for. Best of luck to you with your rental!See question
I want to hire lawyer to represent me in sale but want to limit the representation because I have a limited budget.
From the perspective of an attorney who regularly handles real estate transactions for sellers, a seller's attorney can do so much more than just drafting the Purchase and Sale Agreement and Deed, which are, in and of themselves, tasks that require negotiating skill, a good handle on the law and extensive knowledge of the process. A seller's attorney will coordinate getting liens released and obtain final utility readings, deal with tenants in the case of rental property, monitor contingencies, sign documents on a seller's behalf under a power of attorney and so on. The tasks depend on the type of property, whether a broker is involved and the experience of the selling party. Best of luck to you in the sale of your home!See question
I can't come up with the money upfront. Can a lawyer just tell the lender to cut them a check? Or does it work another way?
More often than not, the seller's attorney is paid out of the sale proceeds much like a broker's commission is paid. The seller and their attorney agree on the fee to be paid and at closing the closing attorney handling all of the funds cuts a check directly to the attorney. No up front costs unless there is an extraordinary title issue requiring more extensive work or there will not be sufficient sale proceeds to cover the fee. Good luck to you in the sale of your home!See question
I'm the seller
It is customary for the closing attorney (the attorney doing the bank work on behalf of the buyer's lender) or the buyer's attorney (if a cash transaction) to handle the recording of the deed. The recording fee is typically paid for by the buyer. If the seller does not have an attorney of their own, it is common practice for the closing attorney or buyer's attorney to prepare the deed on behalf of the seller and charge them a fee for doing so.See question
I've got two new tenants moving in on April 15th. One is local, the other is moving down from northern Maine. I want the agree signed before I hand out keys. But the person from northern Maine won't be moving in until a week after I'm suppose to h...
Contracts are routinely signed electronically. If you are concerned about the validity of the identification of the signer, be sure to request proof of ID. Before you distribute keys make sure all checks have cleared. And if you are collecting a security deposit, a word of caution. There are strict requirements including providing an apartment condition statement, receipts and depositing it in a separate, interest bearing account within a certain amount of time and then providing a receipt indicating the location of the bank to the tenant and account information. Consult with a landlord/tenant attorney if you have any questions. Best of luck!See question
I am considering having my brothers and sister sign over their share of the house to me. My parents signed it over and put us on the title around 10 years ago. I was considering offering some money to them for their share. Would I be able to use a...
The quick answer is that a release deed would effectuate the transfer from your siblings to you of their interests. It's similar to a Quitclaim Deed, but includes language releasing their interests. I recommend that you speak with an accountant before any transfer to get a handle on the capital gains tax situation. In non arm's length transactions, even where nothing is paid for the transferred property interest, there could be capital gains tax imposed on your siblings depending on how much the property has appreciated since they obtained their interests. The IRS has a market value substitution rule that gets applied when a property is transferred for less than fair market value. I also don't recommend that you prepare a deed yourself. Although it may seem like a simple case of copy and paste, any time a deed is prepared there is an opportunity to clean up old title issues and avoid errors that a licensed attorney would be trained to deal with. Best of luck to you and your family!See question
Can I make the neighbor pay for a survey, and prove that it is indeed his property? I don't have an issue with the property line except for the fact that the neighbor feels as though he is sending me a message by placing the boulders right up aga...
Probably the least expensive and congenial approach would be to approach your neighbor and let them know that you've noticed their placement of the boulders on the property line as well as the spray painting and that you're curious whether or not they got a survey done because you were thinking of doing that. Keep it light since you're probably going to be sharing a border with them for a long time. If they did get a survey, ask if you can take a look at it. If they decline or you think their survey is in error, you could have your own instrument survey done. If your own survey shows a discrepancy, then you could possibly have recourse to have the boulders removed, etc. Time is of the essence, though. You don't want to let the issue linger too long or your neighbor could someday have a claim to land that you actually have record title to depending on the circumstances.See question
My fashion business (signed by me) lease states that I must only use the space for making and packaging popcorn, but we make clothing. There was a popcorn company in another space owned by the same landlord who simply pasted the popcorn makers lea...
The mere inclusion of extraneous or irrelevant information in your lease may not invalidate it if your lease contains a severability clause. This common inclusion provides for the remainder of a contract to continue to be enforceable despite the existence of illegal or unenforceable provisions. The illegal or unenforceable provisions are basically severed from the lease. That said, you should have your lease reviewed carefully to ensure that your use of the premises will not violate its terms and are expressly permitted. Re-executing a revised lease or amending the lease would prove effective.See question