Wednesday, February 12, 2020 – Legal Marijuana Update

Current State 33 states, D.C., Guam, Puerto Rico, and the US Virgin Islands have legalized medical marijuana 11 states and D.C. have legalized recreational use October 2018 Canada legalized marijuana federally, being the first G7 country to do so Mexico’s Supreme Court ruled marijuana prohibition unconstitutional, paving the way for federal legalization Recent Pew Poll shows that 67% of Americans think all marijuana use should be legalized, 91% support legalizing medical marijuana Farm Bill signed in 2018 legalizes hemp production in

Evicting a Problem Tenant

By: Howard S. Goldman and Eric T. Thulin Most residential landlord/tenant relationships begin and end without any problems or concerns. However, when landlords find themselves dealing with a tenant who continuously violates the terms and conditions of the tenancy, the landlord often feels like they are without recourse. Massachusetts is an extremely tenant-friendly state with a long history of statutes and case precedent which has enhanced the rights of tenants and made it very difficult for landlords to sustain and succeed

New England Condominium – How Will Your Community Be Affected?

Attorney Howard Goldman was quoted extensively in the the New England Condominium article “Legal & Legislative Update 2019 – How Will Your Community Be Affected? By A.J. Sidranksy | New England Condominium Laws, and the legal decisions that support and enforce them, are constantly evolving and can affect every facet of community life in HOAs, condominiums and co-ops. While law and legal cases can emanate from any of our three levels of government – federal, state or local – most

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Earlier this month, the Massachusetts Appeals Court held that a bank that loaned money to a condominium developer and gave each unit buyer a partial mortgage discharge upon purchase did not have a remaining mortgage interest in undeveloped common areas of the Condominium. Specifically, in Trustees of the Beechwood Village Condominium Trust vs. USAlliance Federal Credit Union, No. 18-P-89, the Massachusetts Appeals Court stated: “We conclude that all of the land associated with the condominium development, including the common area, was

Obtained permanent, exclusive, easement against neighboring property.

Our clients’ driveway and garden areas encroached onto their neighbors’ land, leading to a contentious dispute. We filed an adverse possession and prescriptive easement action in the Land Court seeking to assert our clients’ rights to the disputed portions. We further recorded a Notice of Lis Pendens with the Registry of Deeds to encumber the neighbors’ property pending resolution of the matter. The neighbors filed a competing quiet title action in the Land Court seeking to obtain the court’s declaration that

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

On September 7, 2018, the Washington Post published an article in its Opinions section entitled “D.C. should learn from Arlington’s mistakes on Airbnb regulations”. The article discusses short-term, Airbnb-style rentals, and notes that despite regulations by Arlington County prohibiting such rentals without a permit, 90% of rentals in the County appear to be unpermitted after rules promulgated by the D.C. Council in December 2016 required permits. Goldman & Pease LLC, who has been closely monitoring this trend and publishing articles on

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Goldman & Pease, LLC successfully represented a Home Health Care Agency, who was retained by an elderly customer to provide 24/7 around the clock home health care services. The services were rendered by the Home Health Care Agency for approximately 4 months, leaving an unpaid principal balance due of over $84,000.00 which was not paid despite repeated demand. At the time of the commencement of the case, Goldman & Pease, LLC sought and obtained a trustee process bank account attachment against

Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors. Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary. This means that a mechanic’s lien does not require court approval before it is perfected. Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Wednesday, February 12, 2020 – Legal Marijuana Update

Evicting a Problem Tenant

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Wednesday, February 12, 2020 – Legal Marijuana Update

Evicting a Problem Tenant

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Wednesday, February 12, 2020 – Legal Marijuana Update

Evicting a Problem Tenant

New England Condominium – How Will Your Community Be Affected?

Appeals Court Holds Condominium Developer’s Lender Cannot Foreclose on Common Areas

Obtained permanent, exclusive, easement against neighboring property.

Goldman & Pease LLC mentioned in Washington Post article on Airbnb

Pre-Judgment Trustee Process Bank Account Attachment of Over $150,000.00 Makes Funds Available For Satisfaction of A Judgment for a Home Health Care Agency

Mechanic’s Liens Provide Great Leverage For Creditors

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

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