Massachusetts property transfers involve legal considerations that, if not taken into account, may have unintended consequences. A July 3, 2019 case before the Appeals Court of Massachusetts illustrates how some of these issues may arise. The case centered around the parties’ oral agreement for the purchase and sale of a…
Massachusetts foreclosure proceedings may involve multiple legal challenges from different parties and extend over many years. In a May 13, 2019 case, the Appeals Court of Massachusetts reviewed a dispute over the surplus sale proceeds following a real estate tax taking. The action was brought by an individual plaintiff against…
Failing to pay Massachusetts property taxes may lead to significant consequences for property owners, including the taking of a tax title to their home. In many cases, however, the law provides a way for individuals to reclaim ownership. In an April 17, 2019 case before the Massachusetts Land Court, the homeowners…
In Massachusetts, a homeowner may have valid legal defenses against the lender in mortgage foreclosure proceedings. In a December 27, 2018 Massachusetts foreclosure case, the issue was whether the foreclosure on the defendants’ home mortgage was void due to the bank’s failure to strictly comply with the provisions in the…
The foreclosure process for a residential mortgage loan can seem daunting, but the borrower may have defenses against foreclosure. In a May 11, 2018 Massachusetts foreclosure action, the Appeals Court of Massachusetts found in favor of a homeowner fighting against foreclosure. Ultimately, the court reversed the judgment of the lower court and…
It is not uncommon for mortgage lenders to assign or transfer their original loan to another financial institution, although it may be confusing to borrowers. For homeowners involved in a mortgage dispute, guidance from a Massachusetts real estate attorney can alleviate the complexity regarding their rights against each bank. In…
In most cases, a mortgage on property must be paid back to the lender according to an agreed upon schedule. In an August 2, 2017 Massachusetts real estate case before the Land Court, the parties involved did not have a traditional bank mortgage arrangement. The plaintiff had filed a petition…
When faced with an impending mortgage foreclosure, many homeowners may have defenses or other legal options that could result in a more favorable outcome. The Appeals Court of Massachusetts recently reviewed a case on March 31, 2017 that involved defendants who had lost their home to foreclosure. At the foreclosure sale…
Some homeowners can choose to take a bank loan secured by a reverse mortgage on their property, but they should be aware of the potential consequences in the event of a default. In a January 18, 2017 case before the Massachusetts Land Court, a bank sought a determination of its…
Property rights are often defined in a contract executed by the parties involved in the transaction. In an August 1, 2016 decision, the Massachusetts Land Court examined a contract for a reverse mortgage in order to determine the right of the mortgage lender to foreclose. The lender had used a…