All Forum Posts by: Douglas Snook

Worst case is hard to predict of course but I guess you end up losing the place or paying them a lot of money as in cash for keys.

How would you handle maintenance? How would you handle tenant screening? You may want to think about working with a realtor or a really good attorney to make sure you are set up correctly to start off in the best possible situation. Is the house deleaded?

Letting it sit vacant has its disadvantages as well. You still have to pay taxes and up keep/maintenance etc.

Yes it can take several months to evict. If the lease is ending be sure you have given the proper notice of non-renewal of the lease. If not, the lease might renewal for another term (usually a year) or it may go to a month to month tenancy. You need to know what your lease says.

You would be bringing a no fault eviction. Once you have them served and file the papers with the court, the court will assign a First Tier Hearing - basically a mediation session where hopefully you are able to work out a move out date certain (with the tenant paying use and occupancy). Then if at the end of whatever time you have agreed upon, if the tenant still has not left, you can get the Execution to move them out.

There are programs out there that may assist the low income tenant with first last and security as well as some moving expenses at a new apartment.

Sorry to be a little late to the party, but I am not clear on what exactly you want to do.

Do you want to separate the first floor from the basement and then use the basement for a crash pad for when you visit?

Or are you looking to live in the first floor and basement but then rent out some of the rooms?

If the basement is not a permitted space you are asking for trouble renting it out (or subleasing it with the first floor) I personally would perhaps think about moving your elderly parents into the first floor so that it is easier for them instead of going up stairs all the time. That way since there is a connection to the basement there is not issue with you crashing down there.

If you don't want to do something like that, I would cut the basement off from the first floor and just rent the first floor, leaving you the basement to crash in when you want.

Or see about getting the basement made into it's own separate unit now that ADU are allowed in Mass (although the law may not kick in until the new year)

Also your town may now require a certificate of occupancy to be issued before you can rent it out and they may have something to say about this basement connection anyway.

Just my two cents as they say.

As others have said, start the eviction process NOW.

Deeds for Worcester County are on line so you can do some research there. Also visit the City/Town Hall website for tax collector and assessor. There should be a property card. That will give you the zoning code and other info (especially important if it is a multi family). If possible visit the property before hand to check out the lay of the land as it were. Compare what you see to the deed etc - there could be a shared driveway or some other easement.

Also if the building is occupied you will be dealing with an eviction as well so you will have to factor that into your costs/bid. In MA the former owner can bring a defense of a defective foreclosure to any eviction. This will drag out the process to get possession.

You are in Massachusetts! Be very careful. You need to give proper notice by ending the current tenancy and then offering a new one at the new, higher term. I do not believe texting is going to cut it in this state. Although not required I always have these notices served by the constable.

If there is no response either way and they stay beyond the end of the tenancy and don't pay then you will need to evict. 

If you just lost $20,000 on a previous evection, I would talk to that attorney to be sure you are handling this one correct for Mass. 

If these are inherited tenants and the old landlord lease is in place, you may not be able to raise the rent until the lease expires. You would still have to send a notice of non-renewal

Hello, I can help you. I am an attorney with 30 years experience. I have several ongoing evictions. Feel free to call my office or email me

508-819-2395 or [email protected] and we can set up a time to review everything. Thank you.

I would contact the law office that did the foreclosure. It seems like it just happened so they are probably looking where to send the surplus. The question is going to come down to whether or not your uncle was married. If he was, I believe she gets the lions share if not all the money. If not then it does go to next of kin. That would start with any of his brothers and/or sisters. If they are deceased then to your generation.

A probate estate may have to be opened in MA to prove kinship and a right to the money.

You will definitely want to put the foreclosing law firm on notice that you are out there and may be entitled to some money.

Unless an estate was previously opened, the foreclosing firm would have just sent notices to your uncle. If the "wife" was still living at the home she got the mail so there was service. 

Good luck!

@Account Closed

There is a transfer tax here in MA when the property is sold. (Don't know about CT) Not sure if the tax is payable on a foreclosure if the foreclosing party ends up buying it back rather then a third party. I think there is transfer taxes when the town eventually sells it for taxes, but not sure.

Yes, worth a look into it. I would talk to the town/city about their taking. If your friend still owns it per the registry of deeds and there is no mortgage (because BOF deeded it back) and the town hasn't sold it for the taxes (only taken it - it is a multi step process), perhaps he can redeem the property by paying the taxes and then own it outright? That would be a great outcome.

An interesting situation for sure!

I have the name of a few title examiners if you want. Probably be a few hundred dollars.