The First Circuit has held that, under Massachusetts law, a mortgagee's interest in a mortgage in default is inadequate to state a claim under the Massachusetts try title statute. The Plaintiffs in Lemelson, et al. v. U.S. Bank, N.A. filed suit under the Massachusetts...
Real Estate & Lease Litigation Blog
Adverse Possession: Can My Neighbor Really Take My Land?
Good fences make good neighbors. Unless, of course, the fence sits beyond the recorded lot line and the landowner who is now enjoying a somewhat larger piece of property than is reflected on his or her deed claims title to the extra strip of land on his or her side of...
Old Common Law Applied to Current Problem
In a case decided earlier this year, the Appeals Court held that common law precedent some might deem "archaic" lives on in its applicability to structures built prior to 1978 that could, under today's standards, create an actionable water nuisance. In Graziano v....
Property Owned in Family Trusts – A Recipe for Conflict
When parents or grandparents are able to pass down residential property to their children and grandchildren, it should be a piece of the American Dream come true. And, with foresight, good planning, and a little bit of luck, it can be. Too often, however, these...
No Implied Covenant Before Mortgage Note Executed
Massachusetts' implied covenant of good faith and fair dealing does not apply to negotiations and contract preparations for a mortgage and accompanying promissory note, the First Circuit has held. In Latson v. Plaza Home Mortgage, Inc., the plaintiffs filed suit...
Standing Is Limited In ‘Soldiers and Sailors’ Actions – For Both Plaintiffs and Defendants
Earlier this week, the Massachusetts Supreme Judicial Court (the "SJC") held that a plaintiff who is not a present mortgagee (or the mortgagee's agent) has no standing to bring an action under the Massachusetts Soldiers' and Sailors' Civil Relief Act for a...
For Large Project Permitting Appeals, No Removal From Land Court’s Permit Session to Housing Court
In a decision handed down just last week, the Appeals Court ruled that a large project permitting appeal filed in the Land Court's six-year-old permit session cannot be removed to the Housing Court, since the Housing Court lacks jurisdiction over such matters. In...
Subcontractors Beware: General Contract’s Fine Print May Govern Your Contract Too.
The Supreme Judicial Court recently exhorted subcontractors to make sure they know the terms of general contracts before agreeing to import them in a wholesale fashion into their own subcontract. The SJC's recent decision in Costa v. Brait Builders Corp., 463 Mass. 65...
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