Massachusetts Real Estate Lawyer Blog

Appeals Court of Massachusetts Affirms Denial of Tax Abatement in Real Estate Case

Published on: June 17, 2015 | by Pulgini & Norton, LLP

In a very recent decision, Dinno vs. Bd. of Assessors of Sudbury, App. Ct. Mass. (2015), the Appeals Court of Massachusetts had before it an appeal from a decision reached by the Appellate Tax Board, which affirmed the town of Sudbury’s denial of certain abatements regarding property taxes for a two-year period.

The plaintiffs took title to two vacant adjacent lots as trustees, with a quitclaim deed being recorded the day after the transfer of title took place. There was no address provided on the deed. The plaintiffs claimed that they were unaware of taxes that were subsequently owed on the property until they were alerted by the prior owner.

Massachusetts Appeals Court Affirms Finding of Abandoned Easement

Published on: June 10, 2015 | by Pulgini & Norton, LLP

In a recent real estate case, Siebecker v. Orefice, Mass. App. Ct. (2015), the Massachusetts Appeals Court ruled on an appeal stemming from a lower court decision regarding an easement. The lower court found that the defendant’s right to an easement was both extinguished and abandoned, from which the defendant appealed.

The Appeals Court found that there was no evidence that the defendant had used the easement in any way, either by the defendant or her predecessors for the entire 101 years of the easement over the plaintiff’s property. In this case, however, there was additional acquiescence in regards to the plaintiffs’ conduct on the disputed area, which the trial court judge combined with the nonuse to support the finding of an intent to abandon. The Appeals Court then cited to the rule that a failure to protest acts that are inconsistent with the existence of an easement, especially when one is aware of the right to use the easement, can permit an interference of abandonment.

Regarding the trial court judge’s finding that the easement was extinguished, the Appeals Court found that the factual findings regarding the effect of the plaintiffs’ use of the property was adequately supported.

Massachusetts Supreme Judicial Court Rules in Real Estate Contract Breach Case

Published on: June 3, 2015 | by Pulgini & Norton, LLP

The Massachusetts Supreme Judicial Court reached an interesting decision in a real estate contract case, KGM Custom Homes, Inc. v. Prosky, 468 Mass. 247 (2014).

The case involved a deal for the defendants to sell approximately 45.7 acres of land to the plaintiff, K.G.M. Custom Homes, Inc. (K.G.M.), with the purpose of developing residential homes. The price was to be determined by the number of approved and permitted buildable home lots. The closing was set for 21 days after all the final approvals were granted.

Several years later, after the builder had been working to secure approval and permits, and after a dispute regarding the calculated sale price, the defendants’ attorney falsely informed the plaintiff’s attorney that the defendants had received a higher offer for the property, and that the plaintiff’s attorney should calculate damages based on the liquidated damages provision of the contract. The plaintiff builder filed suit, seeking to have the contract enforced. While the lawsuit was still pending, the builder received approval for its plan, and the parties met to attempt to close the offer. Allegedly, due to the behavior of the defendants’ attorney, the parties were unable to close the sale.

The Advantage of Hiring a Massachusetts Property Transaction Lawyer

Published on: May 28, 2015 | by Pulgini & Norton, LLP

Real estate law is complex and often implicates many other areas of the law, including tax law, estate law, and family law. What this means is that throughout the various stages of your life, you may end up needing a Massachusetts real estate lawyer to represent your interests.

One of the most common reasons you will need a real estate attorney will be when a piece of real estate or a home needs to be transferred to someone else. The most prevalent way this is done is probably through the typical sale of a home from one private individual to another.

In the most straightforward cases, someone will have to prepare and then execute the Offer to Purchase. The Purchase and Sale Agreement will govern your and the seller’s obligations from the time the home is taken off the market to closing.

Massachusetts Supreme Judicial Court to Rule in Real Estate Agent Case

Published on: May 21, 2015 | by Pulgini & Norton, LLP

The Supreme Judicial Court of Massachusetts is expected to decide a case that will have a resounding impact on the way real estate is handled under Massachusetts law.

The case, Monell, et al. v. Boston Pads, LLC, et al., will address whether the lower court judge properly exempted the real estate industry from the requirements set forth for independent contractors in Mass. G.L.c. 149, § 148B.

In the initial case, the plaintiffs worked for a real estate company, in which they were paid by means of commission. However, their positions were allegedly controlled and directed in a manner more commonly carried out in a typical employer-employee relationship. Such control included such factors as a dress code.

Massachusetts Zoning Laws and Construction Permits

Published on: May 14, 2015 | by Pulgini & Norton, LLP

With temperatures warming up from the historic winter snowfall, and grass starting to grow brightly green, many homeowners and prospective homeowners may be thinking about starting construction projects.

Whether you are merely seeking to improve your current property, or build an entirely new home altogether, you may need the help of a Massachusetts real estate lawyer in order to ensure that you can secure all of the proper required permits that may be necessary in order to pursue your plans.

Many homeowners may be surprised to learn that they may not be able to do whatever they wish with their property. This is because various land use and zoning regulations apply to properties. These laws set forth a regulatory scheme that provides restrictions not only on the type of use for which a property may be used, but also regarding the type and size of structures that may be built, maximum specifications, and various other specifications regarding any new buildings one may wish to pursue. Zoning codes may also address whether homeowners may keep certain kinds of pets, such as chickens for example.

U.S. Department of Justice Announces Settlement in Massachusetts Fair Housing Discrimination Case

Published on: May 7, 2015 | by Pulgini & Norton, LLP

In yet another alleged case of discrimination in housing involving families with young children, the U.S. Department of Justice announced a settlement with a company that owns and operates an apartment complex in Massachusetts.

The case, which was filed in federal court, stems from alleged violations of the Fair Housing Act in connection with families. The case claims that the owner/operators of the apartment complex engaged in practices that segregated families with young children by relegating them to certain buildings, areas, and floors of the apartment complex at issue.

The data regarding the case was collected as part of a test program, in which individuals pose as would-be potential tenants and then gather information regarding any potential discriminatory actions.

Bankruptcy Court Rules Against Bank in Homeowner Mortgage Case

Published on: April 29, 2015 | by Pulgini & Norton, LLP

In a relatively surprising turn of events, in the case of In re Safina Mbazira, which was heard before the U.S. Bankruptcy Court for the District of Massachusetts, the court found that the bank, an assignee of the mortgage, lost the mortgage because of a faulty acknowledgment appended to the mortgage document.

The result of the decision is that borrowers may potentially be able to eliminate mortgage encumbrances by demonstrating flaws in the lender’s recording of the mortgage document in the required real property records.

In the case, the homeowner purchased property from a lender and secured two mortgages from a third party. The day after the loan transaction was completed, the deed that transferred the property to the homeowner was recorded by the land court and was also noted.

Appeals Court of Massachusetts Renders Decision for MERS in Mortgage Assignment Case

Published on: April 24, 2015 | by Pulgini & Norton, LLP

In another recent real estate case from the Appeals Court of Massachusetts dealing with mortgage foreclosure, Hoyt v. BAC Home Loan Servicing, L.P., the individuals who mortgaged a property attempted to challenge a foreclosure decision reached in the lower court regarding the legality of assignment and foreclosure.

The homeowners in the case were challenging the assignment of the underlying note that was attached to their mortgage, in addition to the validity of the subsequent foreclosure.

In this very commonly litigated topic right now, the Appeals Court reviewed the record and evidence in the case, and it found that the legal interest in the mortgage may properly be separated from the interest in the debt that it actually secures. It found that the assignment to Mortgage Electronic Registration Systems (MERS) was both valid and legally conveyed, and that it had a proper interest in because it held the record legal title interest in the mortgage when it executed the subsequent assignment.

Massachusetts Attorney General Obtains Nearly $2 Million Judgment in Alleged Predatory Foreclosure Business Lawsuit

Published on: April 15, 2015 | by Pulgini & Norton, LLP

At the end of last month, the Attorney General announced that a court had reached a decision in an alleged predatory foreclosure company that had been conducting business in Massachusetts. The announcement stated that a legal and financial services company was ordered by a judge to pay in excess of $1.9 million to the Commonwealth as a penalty for its purported role in taking advantage of consumers and engaging in the unauthorized practice of law in relation to the massive foreclosure epidemic. The company is also prohibited from soliciting any further business or marketing within the state.

The Attorney General released a statement regarding the case and stating that her office will work against potentially predatory loan modification and foreclosure scams that take place within the state.