Legal Question in Real Estate Law in Massachusetts

Re: Eviction

Of course they have rights to act as landlord if they own the property, and that includes the right (if not the duty) to evict; are you paying rent currently? Were you late?

If you want to close but can't be there, I can arrange to close without your presence as your attorney in fact; you don't normally have to be present yourself at the actual closing, though it's certainly more convenient.

I'm guessing that you didn't use an attorney and that you let the closing date pass without making alternative arrangements. If so, that's too bad.

Re: Eviction

I'm Stuart Williams, not Stuart Little! Ha-ha!

And I guess you're Mike B., not Terri U.! That reply e-mail address didn't work, by the way, so I figured this would get to you. You'd better give me a correct e-mail address and/or telephone number.

Where's the property? Who was the lender? For how much was the loan and what was the price? Was it a VA loan to you? Have your deposit(s) been returned? Has someone else made an offer on it or is that waiting for you to be evicted first?

You should have had an attorney to represent you at the closing. Perhaps you had other reservations about making the deal, but if you were really serious about buying the place, you'd have spent a few hundred dollars to have an attorney represent you competently (and you could practically own HIM if he blew the deal!). Offering to close by Fedex is not == having an attorney represent you.

You might still have some rights to exercise; it depends upon the P & S you signed, which gives you some rights to extend closing deadlines (and such rights are ROUTINELY exercised; I'd say MOST closings get extended!) normally, and there are some rules of equity (fairness) under Mass. law which are quite surprising and which add in rights over and above what the P & S specifies. I'd still have to see your P & S. You may fax it to me at (617) 527-1763. If it's been 30 days since the closing date that you missed, though, you can hang up your chances. If they've found another buyer, that will make it sticky, too.

At 08:59 AM 10/26/99 -0400, Terri A Upshaw [email protected] wrote:

Mr. Little,

I did try to make alternantive arrangements, including

doing the closing by fedex. i am temporarily working in Washington D.C.

and was unable to get back to Massachusetts. I had asked for a one week

delay or to do it bt fedex and they refused. Also, I am not behind on

any rent. Mike Buscetto