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Unit Owners Disputes in Massachusetts Two Unit Condominiums--Sometimes the only recourse is to the flex your muscles - 11/29/10 08:32 PM
Recently, two very similar situations have arisen involving two unit condominiums in the state where I practice real estate law, Massachusetts. In each situation, my client wanted to do some necessary maintenance and repairs, and the other unit owners, probably for the same basic reasons, did not want to spend any money on anything.
In both situations, the Condominiums were the old-fashioned type. That is to say, they had no arbitration provisions articulated in the Condominium documents. There was provision for two Trustees, one each for each Unit, and each of the other Owners just wanted to live in the Condominium for as few … (4 comments)
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Representing Tenants in Massachusetts Luxury Residential Leases--If you are paying four or five figure monthly rental, you at least ought to have some basic protections in your Lease. - 11/28/10 11:59 AM
This is a phenomena which I must admit I did not expect. In my experience for the past 42 years as a Massachusetts real estate attorney, the general trend, for people who could afford it, was to BUY. Recent trends have tended to somewhat alter that notion. The threat of eliminating the deduction for mortgage interest expense, the vagaries of the top-end purchase market (even in Boston) and general uncertainty about our financial future have caused more of my clients to opt for renting, rather than buying, when they sell their suburban home and select urban living.
In luxury residential settings, the … (0 comments)
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Utilizing Powers of Attorney in Massachusetts Real Estate Transactions--Generally useful; often misunderstood - 11/27/10 05:36 AM
Powers of Attorney emanated in feudal times, and were tied into hand-stamped documents and much formality. As our populations have grown more mobile, and people have crammed more hours into their working day, Powers of Attorney have taken on new significance as useful tools to complete real estate transactions when necessary parties are not, or should not be, present.
Like many other legal concepts,Powers of Attorney are somewhat shrouded in mysticism, so I thought I would take this opportunity to describe the functionality of Powers of Attorneys, and clear up some preconceived notions about Powers, some of which are not correct.
… (3 comments)
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Hyper Local Boston--James Mobius, the Handiest (and most reliable) of Handymen - 11/26/10 12:32 PM
With Buyers having such a great sense of entitlement, and Sellers trying so hard to make their homes or units not susceptible to serious inspection issues, having a great handy-person at the "ready" has become more and more important to insure that deals "close" and do not fizzle after offers are accepted and inspectors get involved in the process.
I have found a terrific handyman, and his name is James Mobius [(617-974-0713): james_mobius@yahoo.com], whose business card promotes "Eco-friendly Home Improvement". I first came in contact with James at my Business Networking International ("BNI") meeting, where he was a candidate for the … (3 comments)
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Just Wondering---Why are Points Awarded for Posting Listings? - 11/24/10 06:18 PM
Remember, I am a Massachusetts real estate attorney. I work with Buyers and Sellers, but I have no listings. It is almost a certainty that I never will. I have scratched and clawed my way to a pretty high position on the Massachusetts point gatherers. I will never, ever, catch the two or three leaders, and that is just fine for me. They mix their listings with posts that have content. if that gives them an advantage over me, so be it. This is a site for, mainly, Realtors. I get it.
On the other hand, there are a lot of Realtors … (7 comments)
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Affordable Kitchen Renovation - 11/24/10 05:59 PM
David Supple's firm is quickly becoming the "go-to" design firm in Massachusetts. Many of my clients and friends have worked with David, and they have been consistently impressed with his creativity and follow-through
Via David Supple (New England Design & Construction):
Kitchen Designer and Remodeler MA Is your kitchen old and outdated? Are you tired of looking at those ugly cabinets and worn-out appliances? Is it too small, making it difficult to prepare meals and entertain guests? An outmoded kitchen is not only visually unappealing and inconvenient, but can also drastically reduce the value of your home. Remodeling or renovating a kitchen … (0 comments)
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The Thanking Time of the Year--Some People on ActiveRain to Whom I owe a debt of gratitude - 11/23/10 09:35 PM
When I first started writing posts on ActiveRain, I had little or no focus. I knew that no one, and I mean no one, was reading my posts on "Realtors Resource Blog", the Wordpress blog which my son, David, helped me set up. It was like the old adage, "if a tree falls in the forest and there is no one there, does it make a sound?"
A good friend suggested I move my act to ActiveRain, and without being super-melodramatic, my life has never been the same. These past eighteen months or so have been pure joy. I write,people comment: … (4 comments)
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Recording Massachuetts Real Estate Documents "On-Line"---This Breakthrough is Going to Change "Everything" - 11/23/10 06:15 AM
In Massachusetts, where I have practiced real estate law for more than 40 years, "Registry Closings", so-called, have sometimes posed advantages. Because of long-honored custom and the general unwillingness of title companies to provide "gap"coverage", having the closing take place at the Registry, and then recording documents right after the closing, has given the seller really the only opportunity to "sell and buy" on the same day. Real estate closing agents will not release funds until the documents are "on record".
While I have never really embraced Registry Closings, i will give you some reasons why below, I have often had no option but to … (5 comments)
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Chaos in Massachusetts Condominium Management---Some steps that may be taken to get the Condominium Back on Its Feet Again - 11/21/10 01:43 PM
It is a fact of life, at least in Massachusetts where I have been practicing real estate law for the past 42 years, that many Condominiums suffer from mismanagement. I have posted before about despots as Trustees, and some of the cavalier approaches they have taken with regard to FNMA/FHLMC requirements, as well as other investor requirements. The head person of the Condominium where I live refuses to do an annual budget, although there is ample provision in the Condominium Documents requiring same, and now we have a new FNMA rule that says every one of their condominiums needs to have … (1 comments)
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A Rock and A Hard Place--That Where I find Myself when trying to establish a firm closing date in a purchase and sale agreement - 11/20/10 12:03 PM
I never really have viewed myself as an enabler. When I have friends or family with problems with alcohol or drugs, I have either helped with an intervention or conducted my own behavior so not as to tempt or encourage. I have never been as against anything in my life as domestic violence, and I would do anything in my power to curtail it even if it presented physical risks to me.
So why, you may ask, do I place an article in my standard purchase and sale agreement which states that "the closing is scheduled for December 15, 2010, but … (5 comments)
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Divorce Mediation--There really is an alternative to the stress and expense of litigating - 11/19/10 06:30 AM
In finished my 40 hour training course to become a Divorce Mediator on November 7, 2010. While I am now qualified to mediate issues between a husband and wife, the phone has not exactly been ringing off the hook with people interested in my services. That is kind of "the good news and the bad news", because even though the training was intensive and well thought out, I have never conducted a mediation. I am sort of counting on the myriad of situations in which I have been involved in the past 42 years of law practice with giving me enough … (1 comments)
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Make Sure Your Seller owns the Property--The Consequences are really serious if he or she does not - 11/17/10 03:58 PM
As I am sure you are all aware, every piece of real estate in the world is unique. That means that even a "cookie cutter" home, which is located in Levittown, or some other development which has all homes of the same shape, size and color, is not the same as the home on the right or the home on the left. It is because of this "singularity" of each parcel of real estate that Courts have, since feudal times, granted extraordinary equitable relief (translate that to "specific performance") with regard to a defaulting Seller, who refuses to convey, even though … (0 comments)
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Preparation, preparataion, preparartion!!! Cris Collingsworth--Si, John Madden--Non - 11/15/10 07:06 AM
As I was enjoying myself last evening watching my New England Patriots dissect and destroy the dreaded Pittsburgh Steelers, it occurred to me that one of the reasons I was enjoying this nationally televised event was the pithy and thorough analysis furnished by Cris Collingsworth, the football player with a law degree, who does the "color" for Al Michaels, the play-by-play commentator. After almost every play, Collingswworth made a relevant comment that clarified the play. He would discuss blitz patterns or secondary coverage in a manner which confirmed his knowledge of football, and his participation in the event made watching the … (1 comments)
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Short Sale Listing Brokers Beware!!!!--A Recent California Appellate Court Ruling Could Enlarge Your Liability - 11/14/10 07:46 AM
The decision comes out of an Appellate Court in California. I am a Massachusetts real estate attorney. California mortgage practice is unique in that Buyers can assume prior mortgages from their Sellers. It is much more likely that multiple mortgages will be liens on the title in California than in other states. That is a given. Plus, if those who you who watch political results know, California and my home state, Massachusetts, were among the few states to vote in Democrats in this past by-election. California is a very decidedly Liberal state.
Having said all that, the recent decision in Holmes … (6 comments)
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Delivering the Bad News--There is no way this can be done too soon - 11/13/10 08:27 AM
No deal is easy these days. If the Seller has some equity in the property, he or she feels way, way, way over-entitled. Ditto the Buyer with the 760 credit score. Inaccurate newspaper reports of the progress of the real estate industry has not helped. Two steps forward and three steps back on policies to assist beleaguered homeowners has made the climate that much more agitated.
I am finding that the stubborn Seller and the over-entitled Buyer are often making exorbitant demands. The old adage that if we have two parties who want the property, somehow it will happen no longer seems … (3 comments)
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I have a solution for the foreclosure crisis--It's so simple and reasonable I am sure no one will listen - 11/08/10 07:33 PM
Lately, a lot of my work as a Massacusetts real estate attorney has involved the unpleasant task of trying to assist people who are in serious default in thier mortgage obligations. I am working with people who have not made a payment in 18 months. They are simply waiting for that knock on the door which means they must leave their homes and start over somewhere else. Tehir children may not be able to stay in the schools they have become used to. They may need to locate in perhaps another part of our country.
Having a lender agree to a … (4 comments)
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Sitting with a friend--Social Media Primer - 11/05/10 06:24 AM
Larry Lawfer is going to be a force on ActiveRain. His perception of the value of social networking is valid. The comments of his frien are worth noting.
ActiveRain has helped me scratch the surface. If I am to approach "RockStar" status in my chosen field, I need to work harder at it. So, probably, do you.
Via Larry Lawfer (RE/MAX Landmark):
My friend Gerry Hailer, the greatest appraiser in Eastern Massachusetts, and I had lunch together last Friday. He has been dragging his feet for years on social media, blogging and promotion of his incredible skills in any way. What … (0 comments)
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Calling all out-of-staters interested in buying or selling Massacusetts real esate--I welcome the opportunity to be "the first person you speak to" - 11/04/10 12:20 PM
It happened twice this week, and three times last week. People from outside of Massachusetts have contacted me as their initial point of contact when they are making purchases of real estate in Massachusetts. Maybe, this has something to do with the efforts I have made in my posts on ActiveRain to explain how incredibly different Massachusetts real estate practice is from practice in other states.
In any event, you should know that I welcome these inquiries, and I have the resources available to work directly with purchasers. I am not, by any means, trying to suggest that the best place … (0 comments)
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Combining Condominium Units--Becoming much more common; some steps along the way - 11/03/10 11:44 AM
Empty nesters in the Boston, Massachusetts suburbs are flocking to the City after the kids have finally left home. City living is convenient, but if condominium living is selected, there is almost never a three or four bedroom condominium available, and people who leave grand homes to become urban dwellers are often in search of larger living space than the market offers.
The answer to this problem for many people is the purchase of two, either side by side or floor on floor, units and then combining them into one larger living space. This combination is expensive, and is often undertaken … (1 comments)
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Election Day, 2010---The message may finally resonate that not many of us are pleased with the current performance - 11/02/10 01:16 PM
I do not think I ever have failed to vote, even when I was in the service during basic training. My parents instilled in me a reverence for the event, a feeling of beneficence when I pulled the leaver, or marked a ballot, and the left the polling place. Make no mistake; I will vote today, and I am looking forward to it
On the other hand, I am so fed up with the barrage of TV ads (see Patricia Kennedy's well-written post on this phenomena) and emails from famous people, that if the need to do my civic duty were … (3 comments)
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Big versus small--The advantages of using a smaller focused real estate firm over a large firm to whom residential real estate transactions are at, at best, a "chore" - 11/01/10 10:02 PM
What happened to me today was certainly not unique. It has happened many times before, and it will probably happen many times in the future. I was representing a client who was selling a million dollar plus condominium in the South End of Boston. The Buyer was represented by a very large State Street firm, which did little, if any, residential real estate.
When I was told about the all-cash deal, it was described to me as a "bang-bang" deal. Purchase and sale in one week; the closing a week thereafter. This is my "meat and potatoes"; a chance for my … (5 comments)
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Elliott S. Topkins Massachusetts Real Estate and Title Atty
Boston,
MA
More about me…
Topkins & Bevans-etopkins@topbev.com
Address: 10 Newbury Street, 4th Floor, Boston, MA , 02116
Office Phone: (617) 236-0104
Cell Phone: (617) 596-3184
Email Me
Realtor's Resource Blog is dedicated to furnishing current strategy and information to the Massachusetts real estate community of professionals and to out of state realtors and REO and relocation companies who need excellent representation in Massachusetts. My law firm, Topkins & Bevans, can cover the entire state of Massachusetts. I hope to use my 40 years of hands-on real estate experience to assist you and your Massachusetts Buyers and Sellers.
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