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Category Archives: Real Estate

Category Archives: Real Estate

Do I need to have damages to have a valid legal tort claim in Massachusetts?

Answer: Yes, in some form, examples being actual damages, injury in fact, or the invasion of a legally protected interest under the Massachusetts Consumer Protection Act. It is often that people believe that they have been wronged and the question arises, but do you have damages? For the most part, unless you have damages, you […]

Some concepts to expect to face in a Massachusetts housing court eviction case.

When facing an eviction case, there are some typical legal concepts that will be in play that could change the course of events. These concepts that will be discussed herein along with some practical items first. When faced with an eviction, tenants usually fight back by raising counterclaims. This is easy enough to do as […]

What are the legal steps that a mortgage lender has to satisfy in order to properly foreclose on my home in Massachusetts?

Initially, one must understand that Massachusetts is one of the states that allows a mortgage lender to avoid filing suit in court to obtain approval to foreclose, etc.  For this reason, Massachusetts is known as a “non-judicial foreclosure” state. Mortgage lenders in Massachusetts almost always have what is known as the “power of sale” in […]

Right to cure foreclosure defense under M.G.L. chapter 244 section 35A in Massachusetts, an update.

23 March 2014             A significant and potent weapon in the arsenal of foreclosure defense litigants and attorneys was curtailed greatly earlier this month by the Supreme Judicial Court of Massachusetts with its decision U.S. Bank, N.A. v. Schumacher.  The question was whether Mass. Gen. Laws c. 244 § 35A was one of the statutes […]

What is a deficiency, and what is a deficiency that relates to a residential mortgage?

14 November 2013 A deficiency is the word typically used in the insolvency realm to refer to the amount of money that remains due after the collateral in a secured loan is applied to the total balance due.  For the average consumer, a deficiency can arise with the two most common types of secured loans, […]