By Howard Goldman Seemingly small failures in the process of notarizing a mortgage can make enforcement of the terms and conditions of such document difficult.  One crucial step in the notary process is proper acknowledgment.  An acknowledgment is a formal statement of the notary that the signor’s execution of the mortgage was his or her “free act and deed.”  Massachusetts law provides, “The acknowledgment of a [mortgage] . . .shall be by one or more of the grantors or by the

You may be the safest driver you know. Perhaps you always drive the speed limit, never drive even after one drink or after taking certain medication, and always obey the laws. However, when it comes to car accidents and negligence you can be held liable even if someone else was driving your car. There are different instances where even if you were not the driver you may be at fault if there is an accident. Here are a few of the

By Howard Goldman – Download PDF version A new generation of young professionals is looking for a means to enter the housing market.  Condominiums are an attractive price point and form of ownership for such new generation. To meet this demand, owners of rental housing are, in increasing number, considering converting their currently rented properties into condominiums, to be sold for a premium. A number of considerations enter into this decision, not the least of which is the applicable law. In

What Property Owners, Managers and Trustees Of Mixed-Use Buildings Need to Know About Changes to Massachusetts’ Strict Liability Law By Howard S. Goldman, Esq. As recently reported in Massachusetts Lawyers Weekly, a Massachusetts Housing Court Justice recently held in the case of Sheehan v. Weaver that an owner of a structure with three residential apartments above a commercial unit could be held strictly liable for injuries suffered by an intoxicated residential tenant who fell off a balcony due to a defective

What You Should Know About Accumulation of Snow and Ice By: Howard S. Goldman What is the winter forecast for this year? According to the managing editor of the Farmer’s Almanac, “New England and Massachusetts are going to have a very stormy and snowy winter on tap.”  As we approach the upcoming New England Winter, it is important for business and property owners alike to keep abreast of the latest developments and trends in Massachusetts law to minimize the exposure to

The American dream of one day owning your own business and being your own boss is often considered.  After years of hard work and savings, you finally purchase your own business. Within 6 months of purchase, however, your business is closed, and to make matters worse, you have signed a personal guaranty on a long term lease and are considering filing for personal bankruptcy protection. Unfortunately, the attorneys at Goldman & Pease LLC have seen this happens all too often. We

By Goldman and Pease  Massachusetts Superior Court takes a bite out of a Board’s ability to treat fines for violations of restriction on the private use of units as “Common Expenses”. A recent Massachusetts Superior Court case, Trustees of The Beacon On The Charles Condominium Trust v. Bruce Adler, et. al. (“Beacon Case”),  may drastically change the ability of  a Board to treat fines for violations of restrictions on the private use of units as “common expenses,” unless the restriction is