Massachusetts Real Estate Lawyer Blog

Massachusetts Appeals Court Upholds Default Judgment in Real Estate Case

Published on: April 8, 2015 | by Pulgini & Norton, LLP

In a recent opinion entered by the Appeals Court of Massachusetts, Webster Bank v. Ragge, Mass. App. Ct. (2014), the court ruled on a situation involving the enforcement of a default judgment in a real estate foreclosure case.

A default judgment is what happens when a party institutes a legal claim, action, or lawsuit, and the other party in the case, most likely the defendant, does not respond. When there is a failure to respond within the statutorily established period of time, the moving party then files a motion for default judgment. This causes the court to review the relevant moving papers, or motions and attached evidence, and decide whether finding for that party based on the evidence presented is proper. If so, the court enters a default judgment. This allows the party that wins the default judgment to then file something in order to enforce that judgment against the other party.

Massachusetts Appeals Court Sides with Bank in Nantucket Foreclosure Case

Published on: March 26, 2015 | by Pulgini & Norton, LLP

In the recent Massachusetts Appeals Court case, The Bank of NY Mellon Corp v. Wain, 85 Mass. App. Ct. 498 (2014), the court had before it the issue of rightful ownership of a home that had been mortgaged.

In the case, two individuals owned a property that was subjected to a mortgage. The plaintiffs eventually defaulted on the mortgage, at which point the bank foreclosed and bought the property at a foreclosure sale. The bank then filed a lawsuit in order to legally establish proper ownership. The homeowners responded by filing their own claims, and attempted to challenge the foreclosure’s legal validity. The lower court judge ruled in favor of the bank.

When the homeowners purchased the property initially, during the closing, they also signed the relevant mortgage payments. After the homeowners stopped making their payments on time, a separate company sent the homeowners a notice to cure letter, informing them they were in default, and stating how it could be cured. The letter also stated that a failure to cure by a certain date would result in foreclosure.

Massachusetts Appeals Court Upholds ATB Decision in Tax Abatement Case

Published on: March 19, 2015 | by Pulgini & Norton, LLP

In the recent real estate case, Roman Catholic Bishop of Fall River v. Board of Assessors of Attleboro, App. Ct. Mass. (2014), the Appeals Court of Massachusetts had before it the issue of a requested tax abatement for a church property.

The plaintiff timely paid the assessed tax and filed a request for an abatement, claiming that the portion of the property that was assessed a tax was also entitled to exemption, because it was dedicated to cemetery use. (It is worth pointing out here that in order to file for an abatement, you must first pay the taxes owing, or else you will not be able to file. If the abatement is granted, you will be refunded the relevant amount that is adjusted.)

The plaintiff appealed the Appellate Tax Board’s determination of taxes owed on its property. The plaintiff is the owner of a two-acre parcel, which contains a cemetery, composed of graves and unimproved land dedicated to cemetery use. The remainder of the land had a church building, which closed some two years prior to the tax assessment, and two other unused structures.

Settlement Reached in Massachusetts Family Discrimination Housing Case

Published on: March 12, 2015 | by Pulgini & Norton, LLP

The Attorney General of Massachusetts recently announced that the state has reached a settlement with Coldwell Banker, on the matter of alleged instances of discrimination against families with children in housing rentals. Discrimination against prospective tenants on the basis of familial status is prohibited under Massachusetts law.

The allegations include an accusation that an agent of Coldwell Banker had posted several rental advertisements on the popular website Craigslist, discouraging families with children from inquiring about the rental. A subsequent investigation revealed that the same agent had engaged in a pattern of similar discrimination by informing the potential prospective tenants who had children that the landlords who owned the properties had an unwillingness to de-lead their properties, which would thus make them unavailable for those families to rent.

Massachusetts Appeals Court Sides with MERS in Mortgage Assignment Case

Published on: March 2, 2015 | by Pulgini & Norton, LLP

The Massachusetts Appeals Court recently reached an important decision on the assignability of mortgages by mortgagees. The issue arose out of a foreclosure case in which the plaintiff was attempting to challenge the legality of the process by attacking the underlying mortgage situation.

In the case, Shea v. Federal Nat’l Mortgage Assn., Mass. App, Ct. (2015), the plaintiff had purchased the property at issue in 2005. Then, as part of a refinance of the property, the plaintiff secured a mortgage loan from IndyMac Bank in the amount of $281,600.

Relevant to the case, the mortgage outlined the following. It defined IndyMac, the owner of the debt, as the “Lender.” It identified Mortgage Electronic Registration System, Inc. (MERS), as the mortgagee for purposes of the document.

Appeals Court Rules: What Creates a Legally Enforceable Easement under Massachusetts Law?

Published on: February 23, 2015 | by Pulgini & Norton, LLP

Easements are one reason why it’s a good idea to have an experienced Massachusetts real estate lawyer on your side throughout the entirety of your home purchasing process. If there are any encumbrances on the property you are intending to buy, you’ll want to know sooner rather than later.

In Perillo v. Knight, a case before the Appeals Court of Massachusetts, at issue was the existence of a valid legal easement. Although it was not mentioned in the facts of the case as discussed, the probable circumstances under which this arose was a homeowner wishing to somehow alter their property and then perhaps beginning the process, only to find that there was an encumbrance on the property. Easements run with the land, meaning that even after a home is sold, they must legally be honored by the subsequent landowner, and they are subject to enforcement in court.

Younger Buyers Giving Boost to Massachusetts Real Estate Market

Published on: February 16, 2015 | by Pulgini & Norton, LLP

The lower mortgage rate and more stable inventory in the Massachusetts real estate market has several sources, including the real estate website Zillow, predicting that millenials will be the largest group of homebuyers this year.

One young woman claimed that a major motivation for her decision to buy a home was due to difficulty in finding a suitable location to rent.

Additionally, in December, Fannie Mae and Freddie Mac announced they would reduce the minimum down payment on certain mortgages from 5% to 3%, among other changes that are aimed at getting more first-time homebuyers back into the market of buying residential real estate.

New Year and New Property Taxes in Massachusetts 2015

Published on: February 9, 2015 | by Pulgini & Norton, LLP

Now that we are firmly into the new year, Massachusetts residents should have already received their updated property tax assessments in the mail. Property taxes are calculated by multiplying your city’s tax rate by the assessed value of your property and all the structures on it, which may vary depending on the way in which the assessor arrives at your property’s estimated value.

Overall, your bill may not necessarily have increased that much since your assessment last year. That is because in Massachusetts a state regulation, called Proposition 2½, caps the amount of taxes that cities and towns may levy to an increase of no more than 2.5 percent (hence the name) each year.

Factors that can affect the property tax assessment include a renovation to your home, an addition to your home, or any other major improvement.

Record Low Mortgage Rates in Massachusetts, Good Time to Buy, Great Time to Refinance

Published on: February 2, 2015 | by Pulgini & Norton, LLP

According to a prominent Boston news outlet citing to the mortgage giant Freddie Mac, earlier this month mortgage rates hit an almost two-year low of 3.73 percent.

The volume of home sales are reportedly slightly lower than they were at this time last year. Despite the volume of actual home sales being lower, December sales data reflected that home sales agreements and prices are both rising since last December. The median price of a single family home rose 4.1 percent, from $319,900 to $333,000. Additionally, the number of home sale agreements signed (though not yet closed on) also rose from 2,406 to 3,096 during the same time period (December 2013 compared with December 2014).

As Massachusetts Massive Snow Storm Nears, Thoughts to What Comes Afterwards

Published on: January 27, 2015 | by Pulgini & Norton, LLP

Yesterday afternoon, the Governor declared a state of emergency and issued a travel ban for all non-priority travel. The specific sorts of individuals who are exempted from the ban can be found here. Generally speaking, the classes of those exempted include those who need critical medical care, emergency care personnel, and those clearing the roads.

The massive storm is expected to bring 1-3 inches of snow per hour, with an overall anticipated snowfall of 30-36 inches in some areas, including particularly Eastern Massachusetts. Blizzard-like conditions are expected, with heavy winds and perhaps flooding in coastal areas.

One of the largest concerns with major snow storm events like this one is the amount of property damage that can occur. Huge snowfall events can cause a lot of weight to be placed on roofs, awnings, and other areas. Additionally, the snow or wind can cause tree limbs to fall, causing damage to homes or vehicles. Additionally, in colder temperatures, there is the added threat of frozen pipes and the corresponding risk of pipes bursting, causing flooding within the home.