All Forum Posts by: Douglas Snook

I would start with probate records to be sure the person selling it to you is the rightful owner. It could be listed in the probate accounts. If the estate was too small and none was filed that avenue would be closed. Ask the Seller for a title, see what they say. Are you taking a loan? The bank should know what it needs to protect itself.

Is there some kind of identifying serial number on it? Be sure that gets mentioned in a Bill of Sale, if nothing else.

Agree, not sure why you would be starting the small claim suit. You have been made whole and they got something back. If anything it seems they would sue you to return more of the deposit.

What is it you hope to gain by suing? They are gone. Sometimes its best to let it go

Who are you buying it from, a park where it all ready is? They should know the answers to your questions. 

There should be a title for it but it is not recorded at the registry of deeds. I believe it is like a UCC and you record or register it with City Hall and maybe with the state (again like a UCC) although they may have done away with that requirement.

Hopefully someone else from MA can give you better answers

I would give them all notice at the same time. If they don't move you can file the court cases at the same time and have them heard the same day. If you want them out at the end of January, you need to give notice NOW. If you give them notice January 1 they don't have to leave until the end of February so if you want them out at the end of February and/or you are concerned about the holidays, wait to January

Word of advice, not sure how familiar you are with Mass landlord tenant law but I would expect them to be there until the end of June. If you give notice in January they would have to the end of February. If they don't move you need to go to court. Now its March. Expect a fight so now you are in April. They will have the city down to inspect ASAP. Since this is not about non-payment they will claim they need the time for their kids to finish up the school year etc. And there you are the end of June. Also you are dealing with Lowell, I think the court is going to be pretty tenant friendly and with that many units view you as the baddie.

Just my two cents

I don't think you need a real estate attorney. You need a collection attorney (or a litigation attorney). This one probably spends all of his time looking at titles and doing closings, not going to court. Nothing wrong with that if you want a closing.

Ask him what he means exactly and how he plans to collect this without going to court. I think in the end you will need to find a different attorney.

It sounds like you are in some kind of rent to own situation, not a straight landlord/tenant or straight foreclosure issue. In such a situation the retainer may be warranted. He should send you an invoice every month showing the time he has put into it as he draws the retainer down. 

Bankruptcy can be tricky. The fact that you are getting different answers should tell you that.  Although it is a federal law, there are local laws/applications/customs as well. I understand about hiring an attorney but you will want to at least consult with one. If you violate the automatic stay it could be more expensive.

I think you are on the right track about making a Motion for Relief From the Automatic Stay.  The filing stops everything until the bankruptcy court says otherwise. Also there is the question of rent going forward. The bankruptcy may wipe out what they owed you to date but over the next few months while the Chapter 7 plays out, you are entitled to rent. Do they have an attorney? Has the Creditor's meeting been held? You may also want to go to that as well.

Good luck

Sorry Daniel thats not how it works (unless maybe you are buying something your relatives own and they want you to move in with them)

When you are looking at a multi family you have to decide what is going to happen before you sign any papers, maybe even before you start looking. If you do not need to live there the it may not matter if there are tenants. If there are you want to know everything about them while investigating the property. Such things as names, how many tenants, are there leases, security deposits, what the rent is, etc.. 

You may want to move into a unit as it you may get a lower interest rate or need a lower down payment if it is owner occupied or first time buyer situation. If it is fully occupied then you need to know when the lease is up or if they are month to month. You may be able to make it a condition of sale that one of the units is empty before passing papers so you can move in (and let the current landlord deal with an eviction) Of course if the seller is occupying a unit and they are going to move at the time of the sale, then if you want to occupy you will be OK. If not then you can renovate and get your own tenant once it is yours.

Hope that helps give you some things to think about

how much do you charge? What are you going to do for that fee? Is that the best you can do on your fee? What documents/paperwork do you need from me and how soon?

Be glad they left. There are still legal issues though. What proof do you have that it is abandoned? Because the current owner says so? If the rent is paid for December, they could always reappear. If there is a lease to March, then that lease assigns to you as does the security and the responsibility to follow the law regarding its use and/or return. 

If there is a lease, how can you rent the apartment until you don't get January's rent and/or do an eviction?

If the seller's insist on returning the deposits before the sale, you want copies of all of that so these tenants don't come back after you for something. If the seller's know where they went maybe they can get them to sign something confirming the apartment has been abandoned. I would think about doing a hold back on the purchase price until you get proof the deposit has been returned.

Then I would change the locks and renovate and look for my own tenants.