Legal Question in Real Estate Law in Massachusetts

Land Court Procedure

Father decided to sell his house in 2001 his Attorney discovered an

undischarged mortgage for $6k, the term of which was 1969 to 1976, granted to loan office dissolved in 1980.

Attorney said a petition would have to be filed in Land Court to obtain

discharge but he would have to look into procedure.

Father Died in 2002 and the Attorney's research continued until 2003 when he

filed a Petition Under 240, however he misinformed the Court the term of the

mortgage was 1977 to1984.

Title Examiner disallowed the Petition specifically citing the fact that the

20 year period of possession had not elapsed and the Attorney would have to

find successors in interest to the mortgage company.

Petition was not allowed until 2004 at which time I discovered the

Attorney's mistake.

The Attorney then claimed the 20 year period had no bearing on the case and if

not for his work a discharge would not have been granted until 50 years had

passed when the mortgage expired.

The cost of the Attorney's research was 15k; Because Father had

died in the interim house now had to be partitioned at even greater legal

expense.

How long would it take to process the petition had the Attorney provided the

Court with the correct term?


Asked on 11/12/07, 5:32 pm

1 Answer from Attorneys

Re: Land Court Procedure

Not sure what your question is, however, there is no reason the house had to be 'partitioned' as a result of the error in dates in the action. Partition only happens when co-owners cannot agree to sell a property that the co-own (usually one or more are being stubborn) and that is what creates an unnecessary expense.

All costs associated with clearign title would have been covered by Title Insurance if it had been purchased.

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Answered on 11/12/07, 5:39 pm


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