Legal Question in Real Estate Law in Massachusetts

What is a ''reasonable'' attempt to contact a person for their signature on pape

MA, 2000 - Husband & wife divorce. Wife gets house - divorce decree states must take husband off financing/deed. Husband moves out of state. 2003 - Now ex-wife wants to refinance house, but ex-husband is not off title, financing or deed. Contacts ex-husband's relative for his phone # and is informed to put any contact in writing. Per ex-wife's lawyer that one call in front of him constitutes ''reasonable attempt'' to contact & since ex-husband did not call or get in touch with ex-wife w/in a certain amount of time, refinance was done w/out his knowledge. Is it correct that the one call made by ex-wife is considered in Massachusetts to be a ''reasonable attempt''?


Asked on 8/04/03, 8:39 pm

2 Answers from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: What is a ''reasonable'' attempt to contact a person for their signature on

You need to contact a Massachusetts lawyer. I am a Washington lawyer and not licensed in Massachusetts. Please refer to Mr. Baker's response.

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Answered on 8/06/03, 11:12 pm
David Baker Law Office of David Baker

Re: What is a ''reasonable'' attempt to contact a person for their signature on

Unless I'm missing something (which is certainly possible) the issue is not whether you made reasonable attempts to reach your ex-husband. The issue is whether the title company will insure the title for the refinancing lender. Without knowing more, I would say that if the lender did the refinancing, there's not really an issue UNLESS there were conditions of some sort placed on the refinancing, or if the refinancing were turned down. More information is needed before a better answer can be given. David Baker

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Answered on 8/04/03, 8:57 pm


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