What information and documentation are required to verify all individuals with an interest in real property in Massachusetts?
Detailed Answer To verify all individuals with an interest in real property in Massachusetts, you must identify every owner, lienholder, and encumbrance through a thorough title search and supporting documentation. 1. Identify Current and Former Owners Obtain certified copies of all recorded deeds back to the root of title at the local Registry of Deeds […]
Read article →How can an interested party determine if surplus funds remain after a foreclosure sale? (MA)
How to Determine if Surplus Funds Remain After a Foreclosure Sale Detailed Answer After a foreclosure sale in Massachusetts, any proceeds exceeding the mortgage balance and sale costs become surplus funds. Under Massachusetts General Laws Chapter 244, Section 14 and Section 15, the sheriff or court holds these funds until a party in interest claims […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Massachusetts (MA)?
Detailed Answer When a foreclosure sale yields surplus funds above the outstanding mortgage debt and related costs, Massachusetts law allows the former mortgagor and other lien holders to seek that surplus. The process typically involves the following steps: Identify the surplus and deadline. After a foreclosure under power of sale, the purchaser must deposit any […]
Read article →Do I get any ownership interest in the real property if I am paying the mortgage? – MA
Detailed Answer In Massachusetts, title to real property and mortgage obligations operate separately. The deed or other conveyance instrument determines legal ownership. A mortgage secures a loan against the property. If you pay the mortgage on property that someone else owns, you become a creditor, not an owner. Unless you also receive an interest in […]
Read article →Do I Get Any Ownership Interest in the Real Property if I Am Paying the Property Tax in MA?
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In Massachusetts, simply paying property taxes does not by itself give you an ownership interest in the real estate. Property ownership is determined by the deed record and title […]
Read article →How to determine if other creditors or lienholders could have claims to the surplus funds in Massachusetts
Detailed Answer When a property undergoes a foreclosure sale in Massachusetts, any sale proceeds exceeding the foreclosing creditor’s claim become “surplus funds.” Under Massachusetts General Laws Chapter 244, Section 14 (M.G.L. c. 244, § 14), the court orders the sale and holds surplus funds for distribution to parties with valid claims. To determine whether other […]
Read article →What steps are needed to identify and resolve hospital or insurer liens before disbursing settlement funds in Massachusetts?
Step-by-Step Guide to Identifying and Resolving Hospital and Insurer Liens in Massachusetts Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Before disbursing settlement funds, you must identify and resolve any liens asserted by hospitals or insurers. In Massachusetts, several statutes and contractual rights govern these liens. Follow these […]
Read article →What Options Exist for Establishing Authority Over an Elderly Heir’s Personal and Financial Decisions in MA?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When an elderly heir begins to lose decision-making capacity, Massachusetts law provides two primary routes to delegate authority over personal care and financial affairs: Power of Attorney and Guardianship/Conservatorship. 1. Power of Attorney A Power of Attorney (POA) is […]
Read article →How to Verify if the Decedent Had a Valid Will or Other Estate Planning Documents in Massachusetts
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Massachusetts, you need to determine whether they created a valid will or other estate planning documents. Use these steps to locate and verify any documents: 1. Search Probate and Family Court Records Massachusetts requires that […]
Read article →What steps are needed to include real property into an estate in Massachusetts?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before making decisions about your estate. Detailed Answer To ensure Massachusetts real property becomes part of an estate—whether for probate administration or trust planning—you must follow specific steps. Below is a general roadmap under Massachusetts law. 1. […]
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