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FAQ: If I Am Foreclosed, Will I Owe the Bank Any Money For My Mortgage Loan?

By Adam T. Sherwin, Esq. Posted on October 7, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

Question:   If I am foreclosed, will I owe the bank any money from my mortgage loan? Answer:  After a foreclosure, the bank is entitled to collect any deficiency judgment owed following the foreclosure sale.  The deficiency judgment is the difference between more »

Stays of Execution

By Adam T. Sherwin, Esq. Posted on October 6, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

Massachusetts eviction law allows a tenant to ask the court to delay their move-out from the property.  This is commonly referred to as a “stay of execution.”  An execution is the formal court document that permits a landlord to obtain possession of more »

FAQ: I Have Been Foreclosed. Do I Need to Leave My Home Right Away?

By Adam T. Sherwin, Esq. Posted on October 5, 2014 Posted in Massachusetts Foreclosure Law Blog

Question:  I have been foreclosed.  Do I need to leave my home right away? Answer:  No.  Massachusetts is a “non-judicial foreclosure state.” This means that the lender can perform a foreclosure without going to court.  However, once the foreclosure is more »

Self Help: No !!!

By Adam T. Sherwin, Esq. Posted on October 4, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

I’m willing to bet that among the frequently asked questions on landlord/tenant law, the following is at the top of the list:  “If my tenant is not paying his or her rent, can I change the locks of the apartment? more »

Practice Pointers: Use Mediation to Resolve Landlord/Tenant Disputes

By Adam T. Sherwin, Esq. Posted on October 3, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

Mediation is an excellent option for anyone involved in a landlord/tenant dispute.  This form of alternative dispute resolution can help parties in these cases save enormous time and money. Mediation is an opportunity for the parties in a case to more »

Summary Process 101

By Adam T. Sherwin, Esq. Posted on October 2, 2014 Posted in Massachusetts Landlord/Tenant Law Blog Tagged with evictions, summary process

Evictions in Massachusetts are known as “summary process.”  The goal of summary process is found in Rule 1 of the Uniform Rules of Summary Process: “the just, speedy, and inexpensive determination of every summary process action.”  In other words, summary process more »

Jury Trials in Foreclosure Defense Cases

By Adam T. Sherwin, Esq. Posted on September 30, 2014 Posted in Massachusetts Foreclosure Law Blog Tagged with foreclosure, litigation, practice pointers

I’m happy to write that I won a post-foreclosure eviction case several weeks ago using a new defense that I had been working on for the past year.  One of the critical reasons for this victory, I believe, was my more »

Evictions on the Rise in Massachusetts

By Adam T. Sherwin, Esq. Posted on September 23, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

The New York Times reports that evictions are on the rise across the United States, including Massachusetts, where eviction filings increased 11% between 2010 to 2013.  The rise in these cases poses challenges not only to the parties in these cases, but also to more »

Understanding Cash-for-Keys Settlement Offers

By Adam T. Sherwin, Esq. Posted on September 21, 2014 Posted in Massachusetts Landlord/Tenant Law Blog

In landlord/tenant cases, “cash-for-keys” often comes up as a popular means of settling an eviction case.  In a cash-for-keys settlement, the landlord agrees to pay the tenant(s) a sum of money to leave the premises by a required deadline.  The more »

Practice Pointers: Foreclosure Defense is Not About Getting a Free Home

By Adam T. Sherwin, Esq. Posted on September 14, 2014 Posted in Massachusetts Foreclosure Law Blog

When I started this blog almost a year ago, I wrote that one of the major myths of foreclosure defense is that a borrower can get a free home if they fight their foreclosure.  What was true then remains true today: more »

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