REAL ESTATE LAW PRACTICE:

You are taking the time to looking for the perfect home… make sure you are protected!
The Offices of Payne & Associates, P.C., have been providing legal representation for decades across the spectrum of both residential and commercial real estate law to both our corporate and individual clients. 

Our real estate attorney hold various additional licensing from The Commonwealth of Massachusetts such as being Licensed Real Estate Brokers and/or Licensed Real Estate Instructors authorized by The Commonwealth to teach realtors their mandatory licensing classes.  Our attorney(s) are authorized by The Commonwealth of Massachusetts to provide current licensed real estate agents with their required continuing education and credits, through lectures.  We are passionate about real estate law and it shows!

Real Estate Attorney –  Buying, Selling or Refinancing a Home:
Your home is an important part of your life for years as well as being a significant investment. It’s important to have an experienced guide, someone who can walk you through the detailed procedure. Our real estate attorneys have decades of experience and expertise to usher even the most difficult deals through to completion. 

All closings in Massachusetts MUST be conducted by an attorney. If you don’t have your own attorney, your lender will assign one at your sole expense that represents ONLY the lender and NOT YOU!

The Offices of Payne & Associates, P.C., can step into the shoes of your lender’s chosen attorney and, for the same cost to you, represent the lender and your best interest at closing.  This will also enable us to guide you through the process from the initial offer until the day of closing.  Further, as your chosen closing attorney for your purchase, we will draft and negotiate your purchase and sales agreement free of charge as our housewarming gift to you.  If you are a seller, we will prepare and draft your deed at no charge.  

Payne & Associates are not a “9 to 5” law firm.  Legal counsel should be easily accessible around your workday and personal schedule.  As such, our attorneys are available for scheduling afterhours whether for a telephone call, closing or a consultation.  We will also travel to meet you for your closing at your chosen location and time.

Payne & Associates gladly go the extra mile for our clients buying a home, obtaining financing/mortgages on a home, refinancing, selling a home.  Our attorneys all understand that you do not do this every day and is understandably a stressful venture.  The good news is that we do this each and every single day.  Let our attorneys guide you through and explain the process, step by step while also protecting you from any loss. We have accumulated a number of reputable contacts in the industry from realtors, lenders, mortgage brokers, loan officers, survey companies and zoning attorneys to home inspectors and contractors, should there is a need during the process.   

Why choose Payne & Associates, P.C., for your real estate closing?

1. Choosing our experienced real estate attorneys to protect your interests is the first step in insuring the successful completion of the purchase or sale. Remember: only your attorney protects your rights.
2. Buying or selling property is a difficult and detailed procedure, when you know what you are doing.  Our firm will guide you throughout the entire process from signing the initial offer to drafting and negotiating a Purchase and Sale Agreement, inspecting the property and getting approval/commitment of the mortgage. At closing, your attorney will be at the closing table with you to review each document to protect your interests and answer questions. Our attorney will pay off any debts on the property, discharge liens on the property and provide marketable and clear title at the time of closing.
3. Payne & Associates practice emphasizes real estate and is particularly knowledgeable in real estate transactions.
4. Prior to closing, our attorneys will conduct and/or review the title on the property you are purchasing. They will clear the title on property you are selling.  Payne & Associates will also certify clear title to their buyer clients at closing, issue a title insurance policy, order a plot plan or 6(d) certificate, apportion dues (municipal and state) to ensure everything is paid prior to conveying the property, and much more.  Hiring an experience attorneys ensures that you are obtaining clear record marketable title with no surprises at the time of closing.
5. Retaining Payne & Associates ensures you are retaining an attorney who is not only a skilled practitioner in real estate law, but one who is familiar with laws and regulations relating to your specific property or issue whether arising out of zoning, certificates of occupancy, wetlands, flood insurance, betterments, septic, condo fees, taxes and so on. Knowledge of local procedures can greatly expedite the process.

Whether you are buying, selling or even just refinancing your home, make sure your best interest, investment and deposits are protected.  Payne & Associates are the logical best choice!

Condominium Associations

A condominium association is a complicated arrangement, and the board has numerous rights and obligations spelled out in the bylaws and Massachusetts law. These include collecting common area charges, holding meetings, proper record keeping and other matters.

Our lawyers assist in the interpretation of governing documents such as bylaws. Any contract is prone to multiple interpretations. A judge’s interpretation is what truly matters, and we can advise you on the legal strength of any position or action you take.

Our attorneys can give you the peace of mind that you are doing things properly, and minimize future complications. We serve as counsel, and advocates in disputes. Is a unit owner responsible to pay for this? Sometimes your questions can be answered with just a phone call.

A major function of the board is to collect fees, and failing that, to place liens on condo units. The liens must be perfected and ultimately foreclosed in some cases.

Condo boards are constantly making decisions based on the board’s and unit owners’ rights and responsibilities. Trustees are often concerned that they may be personally liable, should a court find their actions improper. Whether your HOA is a condo trust, a community association or a homeowner association, our firm handles the prosecution or defense of disputes and litigation.

Land Use and Zoning

It’s not easy for developers or land owners to build new structures or make changes to existing property — even when those plans would clearly benefit the community at large. Similarly, preserving historic structures, maintaining some control over municipal growth, and seeing that community standards are respected are all legitimate goals that should not be overlooked.

For a law firm that can help you strike the right balance between these two — call or contact Payne & Associates, P.C.

In other words: whatever your particular concerns involve — we are ready to assist and assert your position as strenuously as need be.

Landlord – Tenant Issues
Landlords and tenants have different rights and different obligations. Some of these are mandated by statute, some become legally binding because they are included in the terms of the lease.  What landlords and tenants have in common is how easy it is for either of them to cross the line between what is legally allowed and what is not. Landlord-tenant disputes and issues our lawyers can assist you with include:

• Drafting and review of residential leases (landlords only)
• Negotiation, drafting and review of commercial leases (landlords and tenants)
• Failure to pay rent
• Nuisance tenants
• Lease violations
• Repair issues
• Constructive evictions
• Unlawful detainers
• Residential and commercial evictions
• Security deposit disputes
• Common area maintenance disputes
• Property improvement disputes

Short Sales / Deed in Lieu of Foreclosure / Loan Modifications:

When you sign a contract, you are generally bound by the terms of the contract which holds true with your mortgage contract (or note) also.  The recession devastated the real estate market and we are still dealing with the aftermath of the widespread problems and a variety of attempts at resolution.

As of this writing, upwards of 25 percent of homes in the nation are “under water.” That is, their fair market value is less than what is owed on the property. And what is owed is less than what the owner paid. Prices have dropped that much. If you are having trouble making mortgage payments, you may be in danger of the lender foreclosing on your mortgage and taking your home.

Avoid Foreclosure
Banks do not like to foreclose on borrowers/homeowners.  Do not forget that lender’s provided a mortgage to a given homeowner with the hope and desire of obtaining a steady stream of payments for 15 to 30 years. If they foreclose, they will simply get a home. The foreclosure process is expensive and time-consuming, and it must proceed according to law. The newest case law also has many questioning or litigating the validity of many foreclosures.  Some lenders feel the negative effect of publicity of taking people’s homes. Finally, some former owners take revenge by removing copper piping or other valuables, and damaging the home before vacating the premises.

A short sale is a sale by the owner to a third party for less than the owner owes. The bank takes the proceeds and releases the original owner of the deficiency. It may be the “least bad” option for both parties. The proceeds the lender receives are usually more than it would ultimately have received with a foreclosure. The owner is released of debt, does not have the humiliation of being evicted or the damaged credit rating of a foreclosure. The key is negotiating to ensure the release of debt for the deficiency, and awareness of all potential liability. Our firm can help.

A Deed in Lieu of Foreclosure or Loan Modification maybe options worth exploring.  While these may seem complicated, there is usually a resolution better than you feared. A deed in lieu of foreclosure simply gives the home to the lender, without a sale or a foreclosure. A loan modification modifies the terms of the loan to enable the homeowner to make payments that are more manageable. 

Let our firm help!