The closing attorney for the sale of my home in Sudbury was aware of the necessity to payoff my FHA loan by a certain time to avoid additional fees. The payoff was rejected by my lender because is wasn’t a “certified check, cashier’s check, or bank wire”, as required by the lender’s Payoff Statement. After being contacted by lender, he then sent a certified check which was received after the deadline and I was charged additional interest and fees. He admitted to ignoring the lender’s requirements, but refuses to reimburse me because he was not responsible for the payoff of my loan. What can I do?

ATTORNEY ANSWER:

Unfortunately, paying off an FHA loan always presents the problem of making sure that the payoff money is received before the next due date. We suggest that if your lender chose the closing attorney, that you go back to your lender and tell them that it is their responsibility to either pay the additional interest and fees or get the closing attorney to do so. Otherwise call us so that we can assist you.

The Sudbury Real Estate Attorneys at Oriel Law assist individuals and families in all real estate matters in Sudbury and the surrounding communities including:  Marlborough, Concord, Lincoln, Wayland, Weston, Natick, Framingham, Southborough.

We’re buying a home in Ashland and the seller signed an agreement to pay for our closing cost but apparently he didn’t know that what he signed was actually to do this. The sellers now understand that what they signed is a concession towards our closing cost but they never intended to pay it. They don’t even have a real estate agent as they are trying to save some money.  Are they legally obligated to cover our closing costs and what can we do?

ATTORNEY ANSWER:
If the Agreement states that the Seller pays the Buyer’s closing costs, then the Seller is obligated to comply with the terms of the Agreement, or they will have breached the Agreement.  We’d be happy to review the agreement and your rights with you and determine next steps. 

The Ashland Real Estate Attorneys at Oriel Law assist individuals and families in all real estate matters in Ashland and the surrounding communities including:  Southborough, Framingham, Natick, Sherborn, Holliston and Hopkington.

I own a three family home in Sherborn, Massachusetts and I want to record a declaration of homestead. I live in one of the units and rent out the other two. Can I do that? Will the declaration of homestead be effective? Does it matter that I live in the home?

ATTORNEY ANSWER:

In order to declare a Homestead, you must live in the house. We prepare Declaration of Homestead at no charge, as a courtesy to our clients. Call us now for an appointment to create a Declaration of Homestead.

The Sherborn, MA Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

I’m not sure what to do.  The buyer now wants out of the contract to buy my home in Natick, MA. The contract has been signed by both parties. What are my rights, and do I have to keep my home?

ATTORNEY ANSWER:

You need to have a Lawyer review the contract as soon as possible to see what your rights are. If there is a deposit being held by the real estate broker, they will need you to sign a release in order to return the deposit to the buyer.

The Natick, MA Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

I am buying property in Marlborough, MA that has been in my family forever.  My lender is requiring that I pay for a title search, even though I know there are no issues.  Do I really need to have a title search done?

ATTORNEY ANSWER:

You will not be able to obtain a mortgage unless a title search is conducted.  A title examiner will research the records at the Registry of Deeds, and Registry of Probate.  The purpose of the title search is to determine the “owner of record” of the real estate.  The examiner will make sure that there were no breaks in the “chain of title.”  If an owner of the property died while owning the real estate, the examiner will check to be sure all of the heirs were notified, and signed off on the deed of the estate.

The examiner will also check for any encumbrances on the property.  There may be old mortgages which may not have been properly discharged of record.  Any other encumbrances which need to be resolved prior to closing would be found with a title search.

The Marlborough, MA Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

Many individuals today who are looking to refinance their mortgage do not realize that the lender will allow them to choose the attorney who is going to “close” (handle the paperwork) their loan. By using your choice of the ”closing attorney” keeps you in control, and makes it easier for you to negotiate the attorney’s fees and charges. If your lender refuses to allow you to choose the closing attorney, then you should take a very close look at what the charges are for the closing attorney that the lender has chosen.

In Massachusetts, only “attorneys” (or paralegal-notaries who work for an attorney)are supposed to notarize documents relating to mortgage matters. Therefore, it is important to make sure that your lender complies with this requirement.

With the realties of the mortgage business today, borrowers should be able to shop around and get very competitive fee quotes. Just remember to get any fee quotes in writing before you agree to use a particular attorney’s services.

Massachusetts Real Estate Attorneys

Our real estate attorneys provide legal services throughout Massachusetts, in every County, City, and Town, including the Massachusetts Counties of Middlesex, Suffolk, Worcester, Plymouth, Essex, Norfolk, Bristol, Hampden, Hampshire, Dukes, Nantucket, Franklin, and Berkshire, and the Cities and Towns of Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

My son, a paperboy, was bit by a dog last week.   He had to get stitches and will miss some days of work.  Does Massachusetts law allow us to sue for that?

ATTORNEY ANSWER:
Yes. It is important to find out whether the dog’s owner owns a house, for if they do, then the homeowners insurance policy will provide the insurance coverage for the dog bite. Give us a call at The Oriel Law Offices: 508-872-8282 so that we can help your son obtain the damages he is entitled to.

The Boston Metro Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

If you are in the midst of having a mortgage foreclosed and the real estate is located in Massachusetts, then I urge you to find the HUD Settlement Statement that you received when you obtained the mortgage. Request an attorney review the HUD Settlement Statement for the following areas:

1. who handled the actual closing? was it an attorney or was it a Settlement Service Company?

2. what fees and expenses were charged? Were they fair and reasonable? Were you charged “owner’s” title insurance for a refinance transaction? Was the amount of the title insurance charged even for just lender’s title insurance correct? Were you given any discounts that should have been offered to you?

3. depending on when (date is important) you signed the mortgage documents, was the Notary an attorney, or just a “notary public”? Depending on when it was done, the notary should have been either an attorney or a paralegal/notary who worked under an attorney.

If for any reason, you cannot find the HUD Settlement Statement, then you should send a certified mailed letter to your original lender requesting a copy of that document.

A few minutes spent having an Attorney who knows what they are doing, review your HUD Settlement Statement could save you not only thousands of dollars, but perhaps even keep you living in your home.

You should never “assume” that the mortgage closing was done properly. In fact, although it is not commonly done, sometimes Settlement Service companies will handle a “purchase” closing in Massachusetts. If you are one of those “buyers” who had such a closing, then you may very well have a claim for damages to pursue against the Lender, the Settlement Service Company, and the Notary who handled the closing. Enough of a claim, to very possibly stop a foreclosure!

Get more information about Massachusetts real estate foreclosures at the Greater Boston real estate foreclosure attorney law firm.

Greater Boston Real Estate Foreclosure Attorneys

Our Greater Boston real estate foreclosure attorneys provide legal services throughout Massachusetts, in every County, City, and Town, including the Massachusetts Counties of Middlesex, Suffolk, Worcester, Plymouth, Essex, Norfolk, Bristol, Hampden, Hampshire, Dukes, Nantucket, Franklin, and Berkshire, and the Cities and Towns of Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

I fell at a restaurant and sustained an injury due to loose carpeting.  There were several other patrons who tripped over the carpet before me, and this all happened in front of the hostess stand.  I’ve since had knee surgery and continue physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to participate in sports like I had in the past?

ATTORNEY ANSWER:

Yes, you have a claim to pursue. I suggest that you give us a call immediately so that we can help protect your rights and recover the damages you are entitled to. Call Oriel Law Offices at: 508-872-8282.

The Boston Metro Real Estate Attorneys at Oriel Law serve all of Massachusetts including Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.

Many times, for first time home buyers, the Lawyer they choose to help them with their purchase, will be the first lawyer they have had the need to hire. It is not uncommon for buyers to ask their real estate agents for the names of lawyers who they recommend. Although the real estate agents may be a good source, it is important to take the time to speak with a few lawyers to see which one is the right match for you.

Never be afraid to ask questions about the lawyer’s practice, their availability, their fees, and any references. Many times real estate lawyers can help you find a mortgage lender who provides good competitive interest rates and reasonable closing costs. Generally if you are a buyer, you want the mortgage lender to use your lawyer to close the loan. If the mortgage Lender refuses to accommodate your request, then you should get a written statement setting forth all of the legal fees, recording fees, and title insurance costs from the mortgage Lender’s attorney and ask your Lawyer for an opinion as to whether such fees/costs are reasonable, and if they are not, then let your Loan Officer know that you may have to look elsewhere for a mortgage because you are not happy with the Lawyer fees and costs you were quoted.

Because of the internet and fax machines, it is not uncommon for a real estate buyer to choose a lawyer by a telephone interview and to meet the Lawyer for the first time at the Closing.

Many lawyers today will travel to the local Registry of Deeds to handle a purchase closing, so where the lawyer’s Office is located should not be a factor in deciding your choice of a lawyer, unless you have the need to go to the Lawyer’s Office.

Whatever lawyer you decide to use, it is important to obtain from him/her a written statement as to the fees and costs. Most Lawyers can provide you with a set fee for what is called the “Closing fee” (services provided by the Lawyer to “close” the purchase), plus a title search fee. The other fees are recording fees (set by the State) and title insurance (set by the title insurance company), so there really is no reason why you should not be able to obtain a firm quote for the lawyer’s fees and costs.

The bottom line is that just as for any other kind of service, you need to feel comfortable that the Lawyer you choose will provide you with the kind of legal services you are looking for.

Framingham Real Estate Attorneys

Our Framingham real estate attorneys provide legal services throughout Massachusetts, in every County, City, and Town, including the Massachusetts Counties of Middlesex, Suffolk, Worcester, Plymouth, Essex, Norfolk, Bristol, Hampden, Hampshire, Dukes, Nantucket, Franklin, and Berkshire, and the Cities and Towns of Acton, Andover, Ashland, Attleboro, Auburn, Avon, Barnstable, Berlin, Bellingham, Beverly, Billerica, Bolton, Boston, Bourne, Boxford, Boylston, Braintree, Brewster, Bridgewater, Brockton, Cambridge, Canton, Carlisle, Charlton, Chelmsford, Clinton, Cohasset, Concord, Danvers, Dedham, Dorchester, Dover, Dudley, Dracut, Duxbury, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gardner, Gloucester, Grafton, Harvard, Hingham, Holliston, Hopkinton, Hudson, Hull, Leominster, Littleton, Lowell, Lynn, Mansfield, Maynard, Malden, Marlborough, Medfield, Medway, Mendon, Milford, Millis, Milton, Natick, New Bedford, Needham, Newton, North Grafton, Norwell, Norton, Palmer, Peabody, Plymouth, Princeton, Quincy, Randolph, Salem, Scituate, Sharon, Shirley, Shrewsbury, Southboro, Stow, Sudbury, Stoughton, Taunton, Upton, Walpole, Wayland, Wellesley, Weymouth, Wrentham.