In a competitive real estate market like Greater Boston's, more homebuyers are agreeing to what previously would have been seen as a draconian contract term: purchasing a home without first conducting an inspection. But today, in a hot seller's market, it may be a...
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The Ninth Circuit Holds that the Enforcement of a Security Interest is Not Always “Debt Collection” Subject to the Fair Debt Collection Practices Act
The United States Court of Appeals for the Ninth Circuit recently held that a lender's agent is not a "debt collector" within the meaning of the Fair Debt Collection Practices Act ("FDCPA") when it sends certain notices to the borrower in connection with a...
Driving Away From the Courts: Uber Drivers Must Arbitrate
In a recent decision, the Ninth Circuit Court of Appeals in San Francisco, ruled that private arbitration agreements between Uber and two former drivers in California and Massachusetts were valid and enforceable. The former drivers, who were seeking protections for...
How To Obtain Record Title To a Parcel of Land When a Recorded Plan Shows That You Own It but a Prior Recorded Plan Says Otherwise
By: Nathalie K. Salomon To determine who owns a parcel of land, it is necessary to conduct a title examination at the registry of deeds of the county where the land lies. A title examination involves two aspects: (1) a determination of the chain of title to identify...
The Benefits of Practicing in the Massachusetts Land Court
A silver lining to finding oneself involved in a property dispute is the opportunity to resolve the issue in one of the Commonwealth's specialized courts, the Massachusetts Land Court. The types of legal disputes that Land Court judges decide vary in type and scope,...
Connecticut Supreme Court Upholds Mortgage Recording Fees for MERS
The Connecticut Supreme Court has upheld state legislation imposing an aggregate fee increase of approximately $5 million for mortgages recorded in Connecticut registries by Mortgage Electronic Registration Systems, Inc. ("MERS"). See MERSCORP Holdings Inc., et al. v....