Ibanez Update: Massachusetts Land Court Decision Invalidates Foreclosures Based On Post-Sale Assignments - 08/27/09 02:28 PM
originally posted by Richard D. Vetstein, Esq. on August 27, 2009 on www.massrealestatelawblog.com
In late March of this year in the case of U.S. Bank v. Ibanez, Massachusetts Land Court Judge Keith C. Long issued one of the most controversial rulings in recent years which has called into question hundreds if not thousands of foreclosure titles across Massachusetts. The Ibanez decision is what happens when you mix equal parts of a deteriorating real estate market with Wall Street’s insatiable demand for mortgage back securities with sloppy lending practices and outdated state foreclosure statutes.
The Facts
In the Ibanez case, the … (2 comments)

Massachusetts Foreclosures Down Almost 60%, A Good Sign or Statistical Aberration? - 08/24/09 05:47 PM
Reprinted from the Massachusetts Real Estate Law Blog.
The Boston Globe is reporting that foreclosures in Massachusetts took a steep dive in May, the second consecutive month they have fallen, according to data released yesterday by Boston real estate tracking firm Warren Group.
Dear Associates:
As you may be aware, the Land Court issued two recent decisions that call into question the validity of several titles coming out of foreclosure.
The result of these two decisions is that titles based on foreclosures by an Assignee lender are potentially fatal unless the Assignment in question was executed and held by the foreclosing … (2 comments)

Massachusetts Property Values: An Appraiser’s Outlook And Predictions On Future Massachusetts Property Values - 08/24/09 05:41 PM
Reprinted from The Massachusetts Real Estate Law Blog.
I’m pleased to have Donald J. Griffin, MAI, SRA, an experienced appraiser with Don Griffin Appraisals, Inc., who is here to guest blog about a topic very much on the mind of Massachusetts homeowners, buyers and sellers:  Massachusetts property values.
What Happened?  The Last Three Years
The Massachusetts real estate market was artificially stimulated by forces outside the normal supply demand model.  This led to artificially increased values, mostly at the lower end of the value range in communities at the lower end of the income range.  Once the stimulation was terminated, … (0 comments)

There’s Nothing “Standard” About The Massachusetts Standard Form Real Estate Purchase And Sale Agreement - 08/21/09 05:46 PM
Although home buyers sign a never ending pile of legal documents to purchase a home, arguably the most important document in the entire transaction is the purchase and sale agreement. In Massachusetts, the purchase and sale agreement most often used is the so-called standard form agreement supplied by the Greater Boston Real Estate Board or one modeled very closely to this form. The “standard” form purchase and sale agreement is, however, far from standard.
From a buyer’s perspective, there are two major problems with the “standard” form purchase and sale agreement:
It significantly favors the seller, and It doesn’t adequately address … (4 comments)

Hiring A Home Improvement Contractor: 10 Things You Need To Know - 08/18/09 12:48 PM
Sadly, completing a home improvement project on time, on budget and with good, quality work is the exception rather than the norm these days.  I have seen homeowners pour their home equity lines and savings into home improvement projects only to see the project left incomplete and riddled with defective and poor quality work, or worse, with the contractor abandoning the project and going bankrupt.
Homeowners can avoid ending up in this predicament by following my 10 Things You Need To Know About Hiring A Massachusetts Home Improvement Contractor.  As the saying goes, an ounce of prevention is worth a pound … (0 comments)

The Catch-22 Impact Of New Fannie Mae Condominium Lending Regulations - 08/18/09 12:41 PM
This post is re-printed from my blog, The Massachusetts Real Estate Law Blog.
Recent Fannie Mae (FNMA) condominium lending regulations are beginning to live up to the hype as having an onerous impact on condominium sales and project development.  The changes, made in January, were part of an effort by mortgage giants Fannie Mae and Freddie Mac to limit risky lending in a segment of the housing market particularly hard hit by foreclosures in recent years.
Here is a brief overview of the Fannie Mae condo guideline changes:
• For new construction and newly converted condominium developments, 70% of the … (1 comments)

Title Insurance Demystified: Do Homeowner's Really Need It? - 08/18/09 12:34 PM
Title insurance is an absolute necessity in every real estate conveyance transaction. The problem is that most home buyers don’t know what title insurance is or what it covers, and only see it for the first time on the closing settlement statement. Closing attorneys and title insurance companies need to do a better job explaining the excellent benefits of title insurance and its reasonable cost before the closing.
What Is Title Insurance?
Title insurance is policy of insurance (technically an indemnification policy) protecting homeowners and lenders from actual financial loss in the event that certain covered problems develop regarding the rights … (8 comments)