All Forum Posts by: Douglas Snook

Tim - Be very careful with the 14 day notice to quit in Massachusetts. Its 2 in the am and I have a cranky baby but I believe rent is not late in MA for up to 30 days  from when it is due although you can have a lease with a late payment penalty. I would not want to be sending them a notice to quit every month just because they are a few days late. Then you are spending time to draft it and deliver it etc. I think there is something in the law about how many times you can do that within a certain time frame. (Again sorry its 2 am) If you actually have to follow through with filing the eviction it could be used against you

I would call after three or four days, not one or two. Perhaps they live pay check to pay check and they did not get paid until midnight Thursday. I know they should have planned but maybe something came up during the month and they ran short.

If it becomes a habit over the next few months then you can decide to renew the lease or not based on that.

Kelli

I never contacted them, been busy with other things in my legal practice. They still advertise though

As for other liens on the property I don't know how NJ works but in MA I would go to the registry or you can look at the records on line. Some of the registries allow you to search by address otherwise you may have to call the town hall and get the actual book and page and start the search there.

Also double check the rules for bidding. Some of the site require you to put a down payment down before bidding. Some you can only bid through a real estate broker. You want to make sure you know the rules and have everything in line before the actual auction day.

Good Luck!

What do you mean by "pre-foreclosure status"? Simply behind on the mortgage? I don't know any public way you can find that out. If you are looking for ones that have already started the process, then in MA they have to advertise before the actual foreclosure sale (I think it is something like once a week for three weeks) Then you could check the local paper (The Enterprise I think).

Otherwise I think you would have to put up the bandit signs I see in Brockton about selling your house fast and hope to get some one to call you that has gotten the letter from the bank's attorney that they are starting the foreclosure process (I think that letter has to go out a certain amount of time before they start advertising, something like 180 days but I am not 100% sure of that)

The registry of deeds would have all the paperwork recorded AFTER the foreclosure sale. Sometimes that does not happen for months after the sale

I would call the city inspection services, especially if there are bedbugs. Have them document everything wrong with the apartment. I also would ask at city hall if there are any tenant organization or group in the area that could help you. You may also want to go to the court and talk to the eviction department for names of any groups that could help you.

While you could simply move out you are responsible for rent to the lease runs out while the landlord does have a duty to mitigate (find another tenant). Hopefully you are able to find a group that could help you more directly.

Rich

If there is a will, the real estate will go out as mentioned in the will. If it is not specifically mentioned in the will then the will should have a residuary clause that it would pass under (such as "all the rest residue and remainder of my estate to my nephew X") If the residuary is not in the will then the heirs at law would take it. They should be listed in the probate papers.

However, GLORIA has the right as surviving spouse to claim a share especially if she is not mentioned in the will. It used to be something like the first $250,000 plus half of everything else.

You may need to look at the probate forms to get the name and addresses of the heirs at law or to see if the will left it to some one specific.

If it was left to John under the will  (or anyone else for that matter) there will not be a deed to him ever recorded. If he were to sell, he would state he inherited it and what the probate docket was etc.

You may want to contact him if you are interested in purchasing it before the foreclosure.

The mortgagee holds not title until they actually foreclose

Shari tried to send you a PM but was unable to. I am an attorney, notary, title insurance agent (if needed) and real estate broker and would be happy to discuss your client's needs. Please feel free to contact me through here or directly by email. Thanks!

Deb

You need a lawyer ASAP! An eviction only has a short amount of time to file an answer and fight it. This must be done right away! You may be able to challenge the foreclosure through the eviction but again you would need to talk to a lawyer.

A couple of things don't make sense. If your mortgage was properly recorded/attached in 2013 the bankruptcy would not have wiped out the lien. How was your lien wiped out? Certain action needed to be taken to do that and you would have been notified and had a right to object. It would have just wiped out that he owed you the money. You would still have a claim on the real estate (if that makes sense) Unfortunately it appears that the refi in 2008 would be a head of you and if the don't get paid they have the right to foreclose and it looks like that is what happened and thats when your lien was wiped out. If you show all the documents to a lawyer they could explain it  in more detail for you.

This should have all been dealt with back when he filed bankruptcy in 2013.

I don't suppose you had a lawyer draw up the paper work between your mother and boyfriend?

Last first, you should have something in the lease that addresses the issue of multiple tenants that basically says they are joint and severally responsible. You can go after one or all of them if necessary.

As for the address I would send it out certified return receipt requested with address correction requested to the apartment they left. If it is returned keep that as evidence that you tried. I would keep it in a separate interest bearing account and every month or two send out a letter and see if they changed it with the post office. Also you could try the emergency contact person in your application and see if they have a new address or if try to contact them at their workplace (you have that information from the application, right?

Forgot to add I would think that the HML would have their own attorney to close or be able to do so themselves if they have loaned before.

However I do have experience with closings and would be interested in assisting you if needed. Please feel free to contact me directly.