June 1, 2010

A recent case decided in March 2009 by the Massachusetts Land Court invalidated two Massachusetts foreclosure sales based on whether the foreclosing entities had “the right… to foreclose the subject mortgage in light of the fact that the assignment of the foreclosed mortgage… was not executed or recorded until after the exercise of the power of sale.”

This Land Court decision has caused havoc to the Massachusetts conveyance practice, causing the Massachusetts Supreme Judicial Court (“SJC”) to bypass the Massachusetts Appeals Court and hear the case promptly. [Read more...]

April 1, 2010

Many landlords and property managers have access to precisely the kind of information identity thieves need to perpetrate their crimes, i.e., social security numbers, bank account numbers, birthdates, license numbers, and credit card numbers.  If this confidential material were to be obtained by an unscrupulous person, whether through the efforts of an aggrieved former property manager or through lax security, there may be liability and damages imposed.  This article shall review the identity theft problem in the real estate management field and suggest best practice techniques in an effort to avoid the problem and the commensurate damages that could follow.  The recent passage of the Data Security Regulations that are now effective mandates preventive steps to safeguard protection of personal data. [Read more...]

March 15, 2010

The Massachusetts data security regulation compliance deadline was March 1, 2010. Are you in compliance?

TJX, the parent company of T.J. Maxx and Marshalls, disclosed that hackers had accessed customer data from its computer system, exposing millions of credit cards and debit cards to possible fraud. This breach of security has cost TJX millions of dollars to date in settling the fall-out there from. As result of this breach, the Massachusetts legislature enacted legislation in an attempt to prevent identity theft. New Massachusetts Data Security Regulations issued by the Massachusetts Office of Consumer Affairs & Business have  just became effective on March 1, 2010.  [Read more...]

February 1, 2010

This Memorandum serves to outline and highlight how Goldman & Pease LLC can assist in the prompt resolution of curative title actions in the Land Court throughout the Commonwealth of Massachusetts, and to highlight the area of Adverse Possession in Massachusetts’ law as it relates to curative title actions. [Read more...]

January 1, 2010

This Memorandum serves to outline and highlight how Goldman & Pease LLC can assist in the prompt resolution of curative title actions in courts throughout the Commonwealth of Massachusetts and to highlight the area of Tax Takings and Right of Redemption under Massachusetts’ law as it relates to curative title actions. [Read more...]

December 11, 2009

The annual holiday shopping season has begun.  Hordes of anxious shoppers have crammed shopping malls, outlet stores, and retail shops all across Massachusetts in search of the perfect gift.  Be sure you know your rights before you buy! [Read more...]

December 1, 2009

Short of starting one’s own business, the method to own and operate a business is through the acquisition of an existing enterprise.  Particular issues should be considered in this acquisition process such as due diligence, letters of intent, confidentiality agreements, non competition arrangements, availability of seller financing, and stock versus asset acquisition.  The purchase and sale agreement culminates resolution of these issues in a thorough manner, but contemplates a closing at which time title and the purchase price are exchanged, often not without last minute glitches. [Read more...]

by Howard S. Goldman, Esq.

For most of us, our home is the biggest investment we will ever make and the largest asset we will ever own. More important than that, it is the place where your family lives. To help protect your home in the event you are ever sued, the Massachusetts State Legislature recently increased the amount of exemption from $300,000 to $500,000 . Once filed, creditors cannot take your home to satisfy your debts up to $500,000 of equity in your home. [Read more...]

by Howard S. Goldman, Esq.

Despite a strong urge to seek payment for goods and services promptly and professionally delivered, a creditor must proceed with caution at debt collection because of the federal and state regulatory protections afforded debtors*. Collection practices that are deemed unfair and deceptive may result in judicial assessment of punitive damages, attorney’s fees, and recovery for emotional distress. More and more debtors are turning to the courts and to the office of the Attorney General to remedy unfair debt collection practices.
[Read more...]

By: Howard S. Goldman, Esq.

People who have been forced to litigate a dispute in court know the exorbitant expense and delay associated with this judicial procedure. Arbitration, an alternative method of dispute resolution, has become an increasingly attractive option to would-be litigants. In many instances, arbitration is a less expensive and faster means of achieving final disposition of a dispute. Before opting for arbitration, however, one should consider the relevant factors and the methods by which arbitration is implemented.
[Read more...]

By: Howard S. Goldman, Esq.

According to a study conducted by the Governor’s Alternative Dispute Resolution Working Group, 97% of all cases settle without a trial. Nevertheless, experienced litigators know that much effort is required to develop a case to the point where settlement can be reached. This article focuses on the essential considerations in business litigation and some effective tools to encourage speedy resolutions.

[Read more...]

Electronic technology has been growing leaps and bounds, making many areas of our lives much more productive and efficient. Twenty years ago we never could have imagined the widespread use of  emails, IPODS, DVDs, or search engines that are being used today. Our children cannot imagine life without these conveniences. [Read more...]

I. Introduction

A mechanic’s lien is a statutorily created lien against real property, the purpose of which is to secure a person’s right to payment for services rendered and materials supplies in connection with the improvement of real estate.  The creation, perfection and enforcement of mechanic’s liens are governed in Massachusetts by M.G.L. c. 254.  The mechanic’s lien permits contractors, laborers, and suppliers to recover the cost of improvements made to real estate through a foreclosure sale. However, strict compliance with the procedural rules for the creation and on-going enforcement of a mechanic’s lien is mandated by the courts. [Read more...]

Some people think that estate planning is only for wealthy individuals subject to large taxes.  But minimizing estate tax liability is only one reason for estate planning.  Consider these six additional reasons for completing an estate plan: [Read more...]

A number of our clients are businessmen or companies who provide services for another on a structure or building to another, often under a contractor agreement or a subcontractor agreement.  Again and again we are faced with varying cases of nonpayment.  In order to recover payments owed for services provided, we are faced with a number of solutions, some of which prove more fruitful than others.  One such solution is to file a Mechanic’s Lien. [Read more...]