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.

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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.

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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.

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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.

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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.

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Selecting your real estate closing attorney

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.

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My mortgage is in the process of being foreclosed. Is there anything you can do?

ATTORNEY ANSWER:
Although it is very difficult to stop a foreclosure proceeding from going through, we at the Oriel Law Offices urge you to have someone take a look at the paperwork that was given to you when you got your mortgage. Sometimes the original paperwork was not done properly and it is worth the few minutes of putting your paperwork together and letting us take a look at it. So, give the lawyers at the Oriel Law Offices a call, to see how we can help you.

 

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Choosing the right Massachusetts lawyer

By Attorney Chesley Oriel, Framingham Massachusetts

When you are in need of a Massachusetts Lawyer, one of the most difficult decisions to make is trying to decide which Lawyer is the right one for you. Many times people ask their friends, relatives, or business associates for the recommendation of a Lawyer, but it is important to keep in mind that everyone has different needs, and not every Lawyer is a perfect match for every client. Therefore, it is important to interview the Lawyer before you decide to pay him or her a fee.

Most Lawyers will provide a free initial interview and if you are able to find such Lawyers, you should go into the meeting well prepared. It is best to go with a previously prepared list of questions, but do not expect the Lawyer to solve your legal problem for free or to provide free advice. Normally the initial consultation is for the purpose of explaining your problem or concerns to the Lawyer to see if this is a matter they can help you with. Also, it gives you the opportunity to see how comfortable you are with the Lawyer and whether or not you feel that the Lawyer will provide you with the kind of legal services you are looking for.

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Getting Personal Representation For Massachusetts Personal Injury Claims

By Attorney Chesley Oriel, Massachusetts Personal Injury Lawyer

Hardly a day goes by when we don’t see or hear an ad for a Personal Injury Lawyer. The problem is that many of those ads you see or read are just like a referral service. You call a number and you get referred to whichever Lawyer is next on the list. Doesn’t it make sense that when you have the need for a Lawyer that you want to choose one who will give you personal and responsive service? Who will be able to answer your questions and provide you with answers, when you need them.

We have been handling personal injury claims for over 35 years, and we cover the entire State of Massachusetts.

We make home and hospital visits during the day and in the evening. We will help you recover the damages you or your loved one deserves. We try to explain to our clients how the value of a claim is determined. Some of the factors are: type of injury–permanent, temporary, did it require surgery or hospitalization? amount of medical bills–how much money was spent to help make you better? loss wages–how long have you been out of work due to the injury? future–have you completely recovered from the injury or will there be any permanent and/or long lasting effect on you? scarring–do you have any scars? Is there any disfigurement? These are some of the questions that need to be answered in evavaluating how much a claim is worth.

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Do I need a lawyer to help with the Purchase and Sale agreement?

Additional Information:

If I have an experienced real estate broker helping me find a house, why do I need a lawyer to help me with the Purchase and Sale Agreement?

ATTORNEY ANSWER:

A real estate broker is trained to help individuals find the right home, but they are not lawyers, and a Purchase and Sale Agreement is a legal document that sets forth the rights and obligations of the Buyer and the Seller. If you are either the Buyer or the Seller, then you want to make sure that your rights are protected. The so-called Standard Purchase and Sale Agreement usually is modified to reflect certain matters that the parties have agreed to, not only with respect to inspection issues, but also with respect to what would happen if the deal falls apart, and what if any contingencies there are, such as a mortgage contingency. Whether you are the Buyer or the Seller, you should always have a lawyer represent you.

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