Jun
01

Mortgage Practices Continue to Be Scrutinized by the Courts

The mortgage industry continues to be a subject of heavy scrutiny in both the press and the courts. Some issues, such as the industry’s widespread failure to properly prove ownership prior to foreclosure and the marketing of subprime loans, have made national news. Others, such as lenders’ failure to pay recording fees when mortgages are… Continue reading »

Jun
01

Reviewing Your Purchase & Sale Agreement

The purchase of a new home is an exciting and stressful time for buyers. The buying of a new home may not only be the most significant and largest purchase most people will make, but it also involves the law of real property, which is unique and presents special problems. The legal issues that arise… Continue reading »

Sep
15

Maximizing the Protection of Single Member LLC Real Estate

Most real estate investors would agree that among their major concerns when purchasing real estate are limiting personal liability and not having their personal assets subject to creditor claims. To address these concerns, limited liability companies (“LLC”) are growing in popularity as real estate holding entities. Unlike a general partnership, under which all partners may… Continue reading »

Sep
15

Demystifying Deceptive Mortgage Lending Practices

Given the microscope under which the predatory lending practices of many banks and mortgage companies are being examined these days, it is important to know which practices are legal and which are not when shopping for a new mortgage. Massachusetts law provides that “it is an unfair or deceptive act or practice for a mortgage… Continue reading »

Jun
22

When Bankruptcy Hits Home: Will A Homestead Declaration Protect You?

A Massachusetts Homestead Declaration protects up to $500,000.00 of equity in your home, protecting the home from being taken by creditors. A Declaration of Homestead must be filed with the Registry of Deeds, and can be done at any point when one owns and occupies a home as a primary residence, not just at the… Continue reading »

Feb
03

Hidden Hang-ups of Pre-printed Forms

In real estate transactions, you must be diligent in every document you sign. Konowitz & Greenberg recently settled a lawsuit in which the buyer signed a pre-printed Contract to Purchase form for a piece of commercial real estate. The contract identified the property and set forth a purchase price and sale date. The contract also… Continue reading »

Feb
03

Compliance Tips for Condo Owners and Associations

Many condominium associations are all too familiar with the phenomenon of the one condominium owner who refuses to comply with association rules and regulations, particularly common area maintenance fees and the like. There is, however, legal recourse in such situations. Ownership of a condominium unit is a hybrid form of interest in real estate, entitling… Continue reading »

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