attorney: Quick Poll for Realtors - 01/12/10 07:11 PM
So far I have had only one response on my previous (apparently untimely post) Basically a Realtor in MA describes an all around good attorney. An attorney that is responsive and true to his clients. Read below and answer this question, "What do you want to see out of your Real Estate Attorney?
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It is 2010. A brand new year off to a sluggish start. From my advertising background I recall that it is a good ideato poll the needs of your target audience. My target audience is the real estate professional market. If you are … (6 comments)
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attorney: Representing the Buyer in a Short Sale - 05/06/08 10:56 PM
In previous posts I have reviewed the Short Sale process from the Seller/Realtor's point of view. I have remained very active in representing Sellers in Short Sales (Currently I am involved with 7 Short Sales as the attorney for the Seller). On occasion I find myself representing the Buyer in a Short Sale. This can prove much more difficult because I am completely out of control of the Short Sale. Many times the Seller's attorney is not really involved with the process and it can be very frustrating.
When I have a Buyer I prepare th Buyer for the good possibility … (6 comments)
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attorney: If you hate text messaging, but still feel the need. . . - 04/22/08 07:07 PM
Personally I hate text messaging. It takes me a long time and I cannot do it when I am driving. As an attorney my clients do not want a text message, but some Realtors I work with like it!!!
So, I found this site called "Jott.com" In a nutshell, Jott is a number i call that records my voice and transcribes what I say into an email or a text message for my staff or clients. It is great when i am on the road and want to remind myself about something or if i need to send my staff instructions or … (4 comments)
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attorney: Massachusetts For Sale By Owner - 04/03/08 09:41 PM
Buying and Selling a home is really difficult work. There are many times that I am asked by people "Can I save money if I sell my home without a Realtor?" The answer of course is "Yes", you CAN save money without using a Realtor's services, because you will not have to pay a commission. This could be a 6% savings. That is big money when you consider a $300,000.00 home for example - $18,000.00.
The catch of course is the "if" in If I sell my home without a Realtor. There are many financial risks in selling one's own home:
1. If … (3 comments)
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attorney: Short Sales in Massachusetts Revised Article - 03/19/08 02:14 PM
SHORT SALES
by Attorney Nyles L. Courchesne
There is a lot of talk these days about short sales. Many people looking to make a move find that they cannot afford to sell their homes at current market values. Following is an overview of the short sale process directed primarily toward Realtors and anyone using their services in a short sale transaction.
SHORT SALES DEFINED
Short sales are sales in which the total amount owed by a Seller (including adjustments and costs of transfer) that is greater than the price for which a property may be sold. Typically a Seller who finds herself in the position … (9 comments)
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attorney: Title Insurance - Wish Everyone Had It! - 02/12/08 10:12 PM
Once upon a time, when I was just starting out as an attorney, I was not an advocate of title insurance. It seemed to me that if a title examiner had reviewed the title to a piece of property, then why should someone also have to pay for title insurance? Doesn't the title examiner have title insurance? What about my own liability insurance? Hasn't my client paid me to review the title? Not that I want to be in the line of fire, but isn't that why my clients hire me?. . . to be accountable to them?
Years later, as my … (1 comments)
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attorney: Short Sales Part 3 - 01/23/08 10:37 PM
THE BROKER’S PRICE OPINION:Once the Lender has received the short sale application, the next phase of the approval process is the Lender’s independent verification of the value of the home based upon its condition and market conditions in the neighborhood in which the subject property is located. This is usually accomplished through the Lender or an agent of the Lender contacting a licensed real estate broker’s office requesting a “broker’s price opinion”. This is the critical phase of the entire transaction. If the Broker’s price opinion values the property higher than you have sold the property, the Lender may deny the … (1 comments)
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attorney: What Do Realtors Want Most From a Closing Attorney? - 01/23/08 09:27 AM
A smooth closing! OK, but what does that mean?
I just had a situation arise in my office that is reminiscent of an issue that I had many years ago which was simply mortifying: I received a referral from a Realtor for a purchase. We worked very well together throughout the process. The Buyer was extremely difficult, there were multiple repair issues, hold-back issues and title issues that all needed to be handled with "kid gloves". I was available every time the Realtor called. I gave him my cell phone number. He actually called me at home because of a repair issue … (2 comments)
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attorney: Short Sales - Attorney Advice to Realtors - 01/22/08 10:48 PM
PART 2 Crunching the Numbers and Gathering Information:
This second section of the series describes the necessity of crunching numbers and gathering accurate information from the Seller in order to properly market the property and prepare for the short sale negotiation ----
WORKING WITH DEBTORS:Many times people who are in debt lose track of all of the bills that they owe, many of which effect the proceeds of the sale of their property. It is important that the Realtor is aware of the mortgages on the property, along with any other liens. In addition to mortgages and liens that are on record … (6 comments)
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attorney: Are there new schools opening for loan officers in Massachusetts? - 01/21/08 01:00 PM
Upon review of some recent legislation regarding extended notice periods before acceleration of amounts owed under the foreclosure statute I noticed that an additional section of the law was passes pertaining to loan originators in Massachusetts. It appears that as of July of 2008 all loan originators conducting business in Massachusetts will need to be licensed (mush like teh real estate sale person's licensing procedure) I have attached a copy of the law and would appreciate any comments on this new section and what it may mean for the mortgage industry MA.
I would also be curious to know if there are any loan originators out … (1 comments)
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attorney: Short Sales - Advice from an attorney to realtors - 01/19/08 06:00 PM
SHORT SALES FOR THE REALTORa three part seriesby Attorney Nyles L. CourchesnePART 1 Getting Familiar With Short Sales:
This first section of the series describes the basic definition of a short sale, the motivations of the Seller and Lender in negotiating a short sale and the basic steps that need to be taken when a realtor works with a Seller who needs to accept offers that are lower than the amount necessary to transfer the Seller’s property free and clear of all liens and costs ----SHORT SALES DEFINED
Short sales are sales in which the total amount owed by a Seller (including … (5 comments)
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attorney: Homestead Act in Massachusetts - 09/27/06 11:31 AM
Somebody Moved My HomesteadSomewhere in the conference room of a real estate attorney ". . . and at no cost to you, my office has prepared a declaration of homestead.”"Oh, how nice. What's a homestead?"
Chapter 188 Section 1 of the Massachusetts General Laws provides homeowners (including owners of mobilehomes) with the right to declare their residence as their homestead by recording a document called a “Declaration of Homestead”, with their county registry of deeds in order to protect their principal residence against subsequent attachment, levy on execution or sale to satisfy debts to the extent of $500,000.00 per residence, per family. This … (1 comments)
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