Massachusetts Appeals Court Clarifies Condominium Unit Owners’ Rights to Protest Condominium Fines and Late Fees
A recent 2021 decision rendered by the Appeals Court in Trustees of 10 Porter Street Condo Trust v. Cerda has clarified the rights of unit owners to protest the payment of fines and late fees associated with the payment of monthly condo fees.
In the 1994 case of Blood v. Edgar’s Inc.,...
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Think Your Homestead Gives You Absolute Protection…Well, Think Again
A homestead declaration is a valuable tool, and we recommend it. It is simple and inexpensive and gives qualified homeowners a valuable shield against creditors’ demands. But there are limits to the protection that shield offers, as described in the recent decision of the Appeals Court in Hartog, Baer & Hand, A.P.C. v....
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Buying Real Estate? Consider Owner’s Title Insurance
Owner’s title insurance is an optional, one-time charge that insures title to real estate for as long as the insured owns the property, subject to policy provisions. Clients often ask whether they need this coverage, whether lender’s title insurance suffices and how it all really works in practice. Some clients elect to...
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Coren Lichtenstein, LLP Insights: November 16, 2017
The latest issue of Coren Lichtenstein, LLP Insights includes recent news and blog posts:
Constructive Eviction: A Tenant’s Rights to Break a Lease
Navigating Sexual Assault Complaints on Campus
Constructive Eviction: A Tenant’s Rights to Break a Lease
Breaking a Lease
Coren Lichtenstein, LLP attorney Neal Glick’s client rented what she thought was a luxury apartment in the Back Bay. After entering into a lease, the tenant found that the apartment was infested by rodents and lacked proper heat. What to do?
The landlord...
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Coren Lichtenstein, LLP Insights: September 15, 2017
The latest issue of Coren Lichtenstein, LLP Insights includes recent news and blog posts:
Maury E. Lederman Named to 2018 Best Lawyers List
Preservation of Land Use Restrictions 15...
Avoid Surprises During the Spring Real Estate Season
With the beginning of spring, our thoughts turn to great weather, baseball, holidays and of course real estate!
Recently, a client was selling a vacation home on the Cape, and was surprised to find a problem with an old deed in which Mom had tried to deed the property...
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Massachusetts Bullying Case to Proceed under Title IX – the law that prohibits sex discrimination in school (Part I)
In two recent cases, federal courts in Massachusetts and New York have addressed bullying in schools, and in both cases, the students overcame legal arguments by their respective districts. The Massachusetts case involves a regular education student who was bullied by classmates over the course of four years, through middle and high...
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Foreclosure of Mortgage and Eviction Proceedings
In the recent decision of Bank of New York v. Bailey, issued by the Massachusetts Supreme Judicial Court, the court held that a homeowner whose mortgage was foreclosed by a lender could raise as a defense, in a subsequent eviction proceeding filed against the homeowner, that the lender had failed to properly conduct...
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New Massachusetts Homestead Law
Homesteads are an affordable way for many of our clients to obtain significant protection from certain creditors. On December 16, 2010, the governor of Massachusetts signed into law the most extensive changes to our homestead law in more than a generation. The effective date of the new law was March 16, 2011. This bulletin...
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SJC Rules: Attorneys Required for Massachusetts Real Estate Closings
This week the Massachusetts Supreme Judicial Court came down with its long-awaited ruling in a case that has been termed “a major victory for Massachusetts homeowners” (Real Estate Bar Association (REBA) vs. National Real Estate Information Services (NREIS).
The court reaffirmed the important role that attorneys play in insuring...
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Liability of Landlords to Tenants/Visitors in Commercial Property
In March, 2011, the Massachusetts Supreme Judicial Court, in the case of Bishop v. Tes Realty Trust, entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors. In this case the plaintiff tenant operated a...
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