All Forum Posts by: Douglas Snook

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.

Also the bankruptcy is an other wrinkle. What Chapter was filed? If it was a 13, perhaps the arrearage was paid and that is why BOA is deeding it back. 

Have you talked to someone claiming the own it and wants to sell it to you or are you just searching around?

Would definitely have a professional title exam done. They will point out any problems they see but you might need an attorney to explain it and what the possible solution is.

I see you are in MA. If that is correct and the rental property is in MA there are several programs out there that should be able to help her. However, my understanding is that not only does she need to apply and meet their qualifications, but you may need to start an eviction for her to have a paper trail to prove it to these agencies.

She should contact the local housing court for information about these programs now so she knows what is required of her. These programs will reach out to you as the landlord to verify rent etc.  so be prepared for that. 

But if you don't hear from any agency or her and it's January 1 and no rent, start the eviction process ASAP as it will take some time to work through the system. She will have another chance to apply for help from these programs. You do not want her to run up a big debt. COVID is over and these programs are back to limited money. I think the limit on one program is now only $7500 which doesn't cover a lot of rent.

I find it hard to believe this happened in Registered Land. They usually go over everything with a fine tooth comb before accepting anything for recording. Assuming that is the case. I don't know what an "S Complaint" is either.

It sounds like your attorney is on it though. Isn't there something in your P&S that would allow an extension so you can "clear" the title? Also if you have title insurance file a claim ASAP. They may be able to indemnify to the buyer's title insurance company to allow the closing to take place while all of this is "fixed" or "corrected" in the background.

Good luck!

Your client should not be paying both. Something is wrong here.

You could put it into an LLC now. But definitely look at the pre-nuptial agreement. The issue is you are not renting it out now. After your marriage are you planning on living in the condo together? That could be another issue. Are you planning to refinance the condo to buy a home for both of you after the wedding?

You can of course keep it under your name even after marriage BUT, at least in Mass, it may become a marital assets that would be subject to division in the event of a divorce.

In MA there is no landlord training required. Just buy the property and rent it out. BUT you should be prepared (whether MA or anywhere). MA is very tenant friendly. The law can be very strict on such things as security deposits and sanitary codes. The eviction process is a minefield if you are not careful. If you are planning on 4-5 rentals you want to know what you are doing or have a management company run it for you.

As far as the zoning, you really need to do some further investigation. It could be some kind of in law apartment (so it can only be rented to a relative) or it could be something that is grandfathered in so its OK or it could be an outright illegal apartment. Good luck trying to get anything rezoned before or after a purchase!