Who’s responsible for additional fees from FHA loan?

Additional Information:

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. [Read more...]

Are they legally obligated to cover the closing costs on our Ashland home?

Additional Information:

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.  [Read more...]

Can I record a declaration of homestead for my home in Sherborn, MA?

Additional Information:

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.

[Read more...]

The buyer wants out of the contract to buy my home in Natick, MA.

Additional Information:

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.

[Read more...]

Do I need to have a title search done on my family’s property in Marlborough MA?

Additional Information:

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.

[Read more...]

Saving money on your Massachusetts Mortgage Refinancing

By Attorney Chesley Oriel

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.

[Read more...]

Does Massachusetts law allow us to sue for a dog bite injury?

Additional Information:

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.

[Read more...]

A WAY TO POSSIBLY STOP A MASSACHUSETTS FORECLOSURE

By Greater Boston Real Estate Lawyer, Attorney Chesley Oriel

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.

[Read more...]

I fell and injured myself at a restaurant. Do I have a personal injury claim?

Additional Information:

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.

[Read more...]

By Attorney Chesley Oriel, Framingham Real Estate Lawyer

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.

[Read more...]

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