Leaving With Keys and Carpal Tunnel: Why Do Buyers Sign So Many Closing...
Real Estate Crash Has Resulted In Many More Forms and Disclosures These days buyers are leaving closing rooms with not only their keys but a mild case of carpal tunnel syndrome! The reason for sore...
View ArticleCFPB Releases New Mortgage Disclosures Replacing Good Faith Estimate, Truth...
Concise Disclosures Aimed At Reducing Borrower Confusion and Helping Comparison Shopping As part of a continuing overhaul of the home mortgage market, the Consumer Financial Protection Bureau on Monday...
View ArticleLender/Settlement Agent Regulatory Alert: Nov. 6 Deadline to Prevent Proposed...
Mandatory 3 Business Day Waiting Period Will Delay Closings Action Needed: Comment On Proposed Rule While our attention has been diverted from more important issues such as Hurricane Sandy and the...
View ArticleAvoiding The Money Pit: Advice For Buying New Construction
With the economy and housing market on the upswing, builders are finally building again. I’ve seen a definite uptick in new construction purchases. Buying a new construction home, however, is very...
View ArticleE-Recording Gaining Widespread Acceptance In Massachusetts Real Estate...
Electronic recording (e-recording) of deeds, mortgages and other title instruments has been available in Massachusetts for almost 5 years now, and is finally gaining widespread acceptance within the...
View ArticleStrategies to Succeed In A Seller’s Real Estate Market: A Roundtable Discussion
Put Your Best Offer Forward & Get Pre-Approved Beforehand, Advise Local Experts Well, it’s official now. With buyers back in droves, an abnormally low inventory of good properties, and bidding...
View ArticleIt’s All A Write Off! Tax Deductions For Massachusetts Real Estate Sellers...
One of my favorite Seinfeld episodes is the one where Kramer tries to explain to Jerry how tax write-offs work. “It’s all a write-off!” exclaims Kramer who, not surprisingly, had no idea what he was...
View ArticleGMAC Mortgage and First American Battle At SJC Over Title Insurance Coverage
Rejects “In For One, In for All” Theory in Title Insurance Coverage One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender — such as...
View ArticleEscrow Holdbacks: A Lifebuoy For A Troubled Closing
You have been eagerly awaiting the closing of your new construction home, but alas, the builder has not been able to complete the landscaping, walkway and driveway by the closing and there is a two...
View ArticleBattle Of The Offer Forms! Massachusetts Association of Realtors (MAR) vs....
Is One Better Than The Other? The first step in the purchase and sale of real estate in Massachusetts is the execution of an Offer to Purchase. Historically, agents and attorneys have used the Offer to...
View ArticleMass. Bar Counsel Advises Real Estate Attorneys To Closely Manage Transactions
Bar Counsel Tightening Ethical Standards and Expectations On the second anniversary of the SJC’s important ruling in Real Estate Bar Assoc. (REBA) v. National Real Estate Information Services (NREIS),...
View ArticleMassachusetts Purchase and Sale Agreement Tips: Modifications of Paragraph...
Overview of “Standard” Changes to the GBREB Form Purchase and Sale Agreement Missing mortgage discharges, problematic probates, “Ibanez” foreclosure issues and other title defects are always an...
View ArticleIncluded In the Sale? Surround Sound Speakers, Decorative Mirrors, and Other...
I had a interesting situation come up the other day during a pre-closing walk-through. Unbeknownst to me or the listing agent, the seller had removed wall-mounted speakers from the living room, leaving...
View ArticleClosed! Government Shutdown’s Effect On Massachusetts Real Estate Market
I’ve been glued to CNN in recent days, watching incredulously as those buffoons in Washington grind our government to a halt. I though for sure that a midnight deal would have been struck, but I woke...
View ArticleWho’s Side Are You On Anyway? Understanding Massachusetts Real Estate Agency...
Reviewing this blog, it occurred to me that I’ve never written about real estate agency and designations, which is one of the more confusing aspects of real estate broker agency law. Personally, I...
View ArticleCFPB May Announce New GFE and HUD-1 Disclosure Rules In Boston On Nov. 20
Updated 11/20/13: CFPB Issues Final Mortgage Rules and Disclosure Forms (click here for more info) A long awaited regulatory and compliance announcement may be coming to Boston next week. The Consumer...
View ArticleCFPB Issues Final Lending and Closing Disclosure Forms
CFPB Issues Long Awaited “Know Before You Owe” Mortgage Disclosures, Replacing Truth in Lending, Good Faith Estimate, and HUD-1 Settlement Statement As part of a continuing overhaul of the home...
View ArticleHouston, We Have A Problem…Is The Standard Mass. Notary Acknowledgment...
Court Points Out Potential Problem with Standard Notary Acknowledgment Form Could the the standard form notary acknowledgment clause used in virtually every recent Massachusetts deed, mortgage and...
View ArticleNew Home Buyer Gets Surprise At Closing…An Engagement Ring!
This isn’t law related, but this is just too good of a story not to share with you. I conducted a closing for Derek and Jillian, a nice, young couple buying their first home, a condominium unit in...
View ArticleSellers Hit With $500,000 Judgment For Torpedoing Closing
Attorney’s Obnoxious Conduct At Closing Factor in Large Award Every now and then I have a contentious deal where I should be wearing a black and white referee’s shirt instead of a shirt and tie. I’m...
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