Category: Massachusetts
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“Terrifying for Developers”: Did Massachusetts Let a Neighbor Resurrect an Expired Deed Restriction?
Earlier this month, the Massachusetts Lawyers Weekly publication summarized an interesting court case on Massachusetts deeds. Attorney Eric T. Berkman laid out the case of a deed holder who created a new deed restriction, echoing an old and expired one. A judge said it was OK because it did not constitute an attempt to enforce…
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From Now On, Home Inspections Can’t Be Waived Upfront in Massachusetts
New law this year! It’s about waiving home inspections (and about Massachusetts not liking that). It took effect on October 15, with the purpose of stopping home sellers and their agents from expecting buyers to waive home inspections. Here, we outline what it means for you, if you’re thinking about a Massachusetts real estate transaction.…
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In Case You Missed It: Massachusetts “Affordable Homes Act” Doubled Homestead Exemption to $1 Million
As you may know, most states let a vested deed holder designate a percentage of the primary residence’s value as a homestead. Homestead status can stop a home’s forced sale due to unpaid debt. This year, under its Affordable Homes Act, Massachusetts increased its homestead protection from $500,000 to $1,000,000. All the better, this higher…
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Escrow Abuse? Massachusetts Real Estate Broker Charged With Embezzlement
A real estate broker in Massachusetts was just hauled into court on charges connected with the sudden closure of his company late last year. Stephen Webster left clients stranded, having allegedly diverted more than $11.6 million from escrow accounts. A large number of buyers and sellers lost their closing dates and their money. Some of…
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Buying Property with a Quitclaim Deed in Massachusetts
A Quitclaim? No problem. It’s Common Practice Here — and Safeguarding Your Title Is Straightforward. Three major Massachusetts real estate deeds are commonly used: the quitclaim deed, the warranty deed, and the release deed. In contrast to most other places, Massachusetts home buyers receive their property through quitclaim deeds. So, we need to delve into…
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Massachusetts Probate: Estate Administration Deeds
What happens to your property after you die? Most likely, your assets will be subject to probate, the legal process of settling an estate and distributing any remaining property to those entitled to receive it. All assets that do not pass directly through a survivorship interest, beneficiary designation, or trust are subject to probate.
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Understanding Massachusetts Trusts, Trustee’s Deeds, and Trustee Certificates
A trust is a legally binding arrangement whereby a settlor transfers title to another person, the trustee, for the benefit of a third, the beneficiary. Trusts in Massachusetts are governed by the Massachusetts Uniform Trust Code, codified at G.L.c. 203E.
