The Boston Real Estate Attorneys of Topkins & Bevans
Practice Areas and Legal Definitions

Massachusetts Real Estate Document Preparation:

Whatever may be said during real estate negotiations, whatever promises may have been made, it is the final written documents that will control what happens. Many of the documents involve the completion of pre-printed forms, but sometimes the details of a particular transaction require modification of a form to provide adequate protection. Massachusetts real estate attorneys Topkins & Bevans can either prepare all of the documents for you, or can review the documents that have been prepared, explaining them to you and suggesting changes, as needed, for your benefit.

Massachusetts Condominium Conversions:

The upsurge in land values in recent years has contributed to the growing popularity of condominium living. More and more people, especially first time home buyers, are turning to condominiums for their first real estate investment. As the cost of building materials and construction labor has increased, so has the interest in the conversion of mobile home parks and apartment buildings into condominiums or cooperative corporations.

Condominium conversions can be extremely profitable, but they are long-term projects, sharply regulated by state and local legislation. Topkins & Bevans has extensive experience and expertise in the legal aspects of condominium conversions.

Massachusetts Closing Attorney Representation:

The majority of real estate transactions are concluded routinely, with no unanticipated problems and no need for legal representation during the closing. There is no legal requirement for representation by counsel at the closing, but most lenders and prudent investors will do so. It is at closing that critical disputes often arise concerning the language in a particular clause or some other technical aspect of the transaction.

Don’t put yourself at risk in the final stages of your real estate transaction. Call the law firm of Topkins & Bevans at (866) 786-4821 or complete the contact form provided on this site to schedule an appointment with an experienced Massachusetts real estate closing attorney.

Massachusetts Landlord Evictions:

Massachusetts law provides a speedy legal remedy for landlords, featuring a sharp reduction in the time permitted for a defendant to respond and giving the case preference over most other types of cases on the court calendar for an early hearing date. The procedure is called an “Unlawful Detainer.”

In many ways, Unlawful Detainer actions are tilted, procedurally, in favor of the landlord over the tenant. Because of this, Courts are extremely strict in the enforcement of the landlord’s procedural obligations. A very slight technical violation on the part of the landlord can cause an Unlawful Detainer action to be dismissed by the Court. It can be re-filed, of course, but the unpaid rent continues to mount while that is being done.

Massachusetts Condominium Association Matters Including Common Area Fee Recovery:

While Condominium Associations are autonomous, they must comply with state and federal law and with the provisions of their own bylaws. A qualified real estate lawyer can provide timely and useful advice to Condominium Associations so that they may accomplish this purpose. Association officers can be held individually responsible if the Association fails to comply with the law.

Massachusetts Title Clearance Issues:

In large urban centers title insurance has reduced the need for in-depth title searches by real estate lawyers, but this is not necessarily the case in rural areas of the state. As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print. Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it. If you find things in the title policy you don’t understand, the Massachusetts real estate lawyers of Topkins & Bevans can explain them to you and can also point out to you any items that need to be challenged and resolved.

Massachusetts Quiet Title Matters:

Sometimes a particular piece of real estate property has title defects of such significance that no sale or other transfer of ownership can occur until they are resolved. The usual method of clearing title defects is a lawsuit called a “Quiet Title” action. In a Quiet Title action, the Court is made aware of all of the surrounding facts and then asked for a judicial declaration resolving the issue. One example might involve the existence of a judgment lien recorded against the property and remaining there, creating a title defect, even after the judgment has been discharged. In the Quiet Title action, the Court would receive and consider evidence on the issue, and if satisfied that the judgment had been discharged, would issue an order dissolving (removing) the judgment lien.

A competent real estate attorney can prepare and file a Quiet Title action for you. Make certain, before retaining counsel, that the lawyer you select has the requisite skills and experience to get the job done right. Call law firm of Topkins & Bevans at (866) 786-4821, or complete the contact form provided on this site to schedule an appointment with an experienced Massachusetts Quiet Title attorney.

Massachusetts Mechanic’s Liens:

When doing building construction or repairs, building contractors often utilize a legal device called a “mechanic's lien” as a means of making certain they will be paid for their labor and materials. The creation of a mechanic’s lien involves written notice to the owner of the property and other formal requirements, and its enforcement is subject to strict procedural rules. Once a valid mechanic’s lien attaches to the property, however, it operates as a claim against the property which, if it remains unpaid, can ultimately result in foreclosure proceedings.

If you or someone you know within the Commonwealth of Massachusetts needs the assistance or the trusted legal advice of an experienced real estate lawyer, please contact the law firm of Topkins & Bevans today at (866) 786-4821, or complete the contact form provided on this site to arrange your initial consultation. When things go wrong, Topkins & Bevans will protect your legal rights.