Real Estate
Helpful Links
A Letter to Buyers »
A Letter to Sellers »
A Letter to Borrowers »
The Closing Process »
If Heney & Associates, LLC is currently working with you on a real estate transaction click here to access our online forms.
Heney & Associates, LLC represents clients in all aspects of commercial and residential real estate transactions. Members of the firm have extensive experience representing buyers, sellers, and lenders, providing unparalleled representation and personal attention. The firm has experienced full-time legal assistants on staff to assist our attorneys and our clients in their real estate transactions.
Purchase & Sale Agreements
When purchasing or selling a home, the parties enter into what is known as a purchase and sales agreement, (or "P&S" agreement) that is executed by the parties explaining what each other's rights and obligations are regarding the sale of the property.
Like any major contract, you should have the P&S reviewed by an experienced attorney. Once the P&S is signed, both parties are legally bound by the terms of that document. While you might think that the P&S is clear on its face, it may contain provisions that may be unenforceable or create more liability than expected. Heney & Associates, LLC is qualified to draft and review purchase and sale agreements to ensure that the contract is fair and reasonable.
Buyer's Representation
Even after the purchase and sale agreement is executed is it important to have an attorney representing you and your needs. Problems can arise during the closing process, which if not dealt with properly could put your deposit money at risk, delay, or even cancel your scheduled transaction. Heney & Associates, LLC can work with you, your realtor, and your lender to ensure that you get into your new home on time.
Seller's Representation
The seller of real property has many obligations that must be met prior to closing. Heney & Associates, LLC can provide mortgage payoffs, quiet any title matters which may delay your sale, prepare the documents necessary to convey the property, and review the settlement statement prior to closing.
Lender's Representation
If you plan to obtain financing from a commercial lender for the purchase or refinance of real estate the lender will require an approved attorney conduct the loan closing. The closing attorney represents the bank in this transaction to ensure that any outstanding title issues do not encumber their collateral lien. Heney & Associates, LLC is approved to close your loan by over forty local and national lenders. If we are not currently on the list of approved closing firms for your preferred lender please contact us so that we may take the steps necessary to be added.
Click here to see a list of lenders for which Heney & Associates, LLC is an approved closing firm.
Land Use
The Land Court Department of the Trial Court has statewide jurisdiction and the Attorneys at Heney and Associates practice regularly in Land Court and have developed a unique niche in the Land Court.
While the court has jurisdiction throughout the Commonwealth, the justices of the Land Court normally sit in Boston. The court has exclusive, original jurisdiction over the registration of title to real property and over all matters and disputes concerning such title subsequent to registration. The court also exercises exclusive original jurisdiction over the foreclosure and redemption of real estate tax liens.
Effective January 1, 2003, the court has concurrent jurisdiction over specific performance of contracts relating real estate and over petitions for partitions of real estate. Under G.L. c.40A and 41, the court shares jurisdiction over matters arising out of decisions by local planning boards and zoning boards of appeal. Both the Land Court and the Superior Court Department have jurisdiction over claims of adverse possession, the processing of mortgage foreclosure cases, determining the military status of the mortgagor. Additionally, the court has superintendency authority over the registered land office in each registry of deeds.
Heney and Associates represents several National Title Insurance Companies and other Real Estate Attorney’s not adept at practicing in the Land Court. Our work is respected by those with the industry and if you have a matter for the Massachusetts Land Court please call Heney and Associates, LLC or email Bill@heneylaw.com to set up a free initial consultation.
The full text of the G. L. c. 185, may be found at www.mass.gov.
Land Court Litigation
The Land Court is the specialized division of the Massachusetts Trial Court System charged with the task of deciding cases involving real property. The Land Court has exclusive or concurrent jurisdiction over a wide variety of land use matters including zoning, subdivision, condominium law, adverse possession, property registration, eminent domain, real estate tax liens, and quiet title matters (discharges).
The Land Court is located on New Chardon Street in Downtown Boston and hears all specialized real estate cases within the Commonwealth.
Land Court Address:
Edward W. Brooke Courthouse,
24 New Chardon Street,
Boston, MA 02114-9662.
(617) 788-7470.
Massachusetts Land Registration System
In Massachusetts, disputes over title are resolved by filing a petition with the Massachusetts Land Court. The Land Court Justices are also responsible for answering questions of first impression pertaining to real estate within the Commonwealth. A property owner may resolve disputes by registering his land with the Court, which then examines title to the property. After this search is completed, the Court issues a new certificate of title, which includes reference to all encumbrances on the property. The Land Court has exclusive jurisdiction over this registration system. Heney & Associates is uniquely qualified to assess your claim and file this petition on your behalf.
Missing Discharges
In Massachusetts, many commercial and residential real estate transactions are delayed or cancelled due to undischarged mortgages. If the mortgage has been paid off, it may be discharged by locating the mortgagee, executing a proper discharge, and recording it with the appropriate Registry of Deeds. If the Mortgagee cannot be located to sign the discharge, the landowner must resort to filing a petition in the Land Court to quiet title. If the mortgages in question are twenty years old or greater, the land owner may file a complaint under M.G.L. Chapter 240, § 15 (the "Old Mortgage Statute") to have them discharged by judicial decree from the Justices of the Land Court. Heney & Associates is competent to file such a petition or complaint on your behalf.
For more information about Land Court Litigation, please contact landcourt@heneylaw.com and an associate from our office will contact you to answer any questions you may have.
Bankruptcy & Creditor's Rights – Chapter 7 and Chapter 13
Bankruptcy: Frequently Asked Questions »
Bankruptcy: Pros and Cons »
Do you need a “fresh start”?
Heney and Associates, LLC provides legal services to individuals and small businesses in need of experienced legal counsel and possibly Bankruptcy protection. This is what we do. We have built our reputation on assisting honest people that are faced with overwhelming debt obtain what the United States Federal Courts term a “fresh start”. Contact Bill Heney bill@heneylaw.com for a free/confidential initial consultation. We will take time to review individual cases on a one on one with clients to decide to the best course of action.
For qualifying individuals, the Federal Bankruptcy Code may erase your debts and give you the “fresh start” that the Federal Laws envision. By an act of Congress and signed into law by the President of the United States, Heney and Associates, LLC . is a Federally recognized Debt Relief agency. Heney and Associates, LLC is a Federally Designated Debt Relief Agency and we can help you with the following:
• Stop foreclosure
• Eliminate debt
• Stop repossession |
• Keep your home/car
• Stop creditor calls
• Keep your personal property |
We understand and counsel our clients utilizing and applying existing State and Federal Laws and the Federal Bankruptcy Code. We represent clients throughout Massachusetts including: North Shore, Andover, Beverly, Boston, Burlington, Danvers, Hamilton, Ipswich, Gloucester, Georgetown, Lawrence, Lynn, Newburyport, Peabody, Rockport, Salem, Swampscot, Wakefield, including Essex County, Middlesex County and Suffolk county.
From the initial consultation until the discharge of debt has been granted, our legal team is exceptionally well educated, trained and committed to serving the needs of all our clients. Whether a client needs to file a chapter 7, a chapter 13, or facing a foreclosure, or a pending Court action, we may be able to help.
Personal Bankruptcy
Individual debtors are offered two types of filing; Chapter 7 & Chapter 13. Chapter 7 allows for an individual's debts to be forgiven outright while Chapter 13 creates a payment structure with their creditors that will satisfy the debt over time, usually between 30 and 60 months. Heney & Associates, LLC offers a free initial consultation to evaluate your needs and discuss the options that are available to you to get your financial life back in order.
Alternatives to Bankruptcy
After our initial consultation it may be determined that filing bankruptcy is not the best option, and instead negotiated workouts with creditors may better solve the situation. Heney & Associates, LLC has working relationships with many creditors and collection agencies that have allowed us to negotiate reduced one-time settlements and payment plans.
Creditor's Rights
A creditor who holds a secured lien may need to ask the Bankruptcy Court for a relief from stay to continue to collect payments or to collect the collateral pledged by the debtor. Meanwhile an unsecured creditor in a bankruptcy case may petition the Court to find that the debt is undischargable under the Bankruptcy Code. Heney & Associates, LLC will review the terms of your claim and evaluate its strengths before petitioning the Court thus eliminating the possibility of a failed claim.
We are an active member of National Association of Consumer Bankruptcy Attorneys and the Essex County Bar Association
Helpful Link
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html
Business & Corporate Law
We form and represent closely held limited liability companies (LLCs) and other business entities engaged in a wide variety of businesses. Our attorneys regularly provide the following services:
- Counsel principals on choice of entity
- Prepare formation and operating documents (including limited liability company operating agreements and corporate stockholders' agreements)
- Advise principals on succession planning
- Advise principals on terms of their operating documents, including terms covering:
- Amounts and timing of capital contributions
- Rights to participate in subsequent equity infusions and loans
- Governance (including board composition and owner approval rights)
- Transfers and transfer restrictions
- Buy-sell rights and obligations (including the events permitting or requiring buy-outs, the amount to be paid to a person being bought out, and the funding and timing of buy-out payments)
- Rights to cause and participate in the sale of the business
- Assist with employment matters, including structuring compensation agreements
- Represent companies in dealings with third parties (including lenders, landlords, customers and suppliers).
To discuss your specific needs, please contact William E. Heney at bill@heneylaw.com
Wills, Estates & Trusts
More on Estate Planning »
View the estate planning questionnaire »
Our estate planning department creates tailored solutions to the individualized needs of our clients. Our approach begins with a review of any estate planning our clients may have already accomplished. From there, our attorneys facilitate fact finding and review the goals and objectives of the client, to design solutions appropriate for each case.
Whether the need is served by a simple will, durable power of attorney, and health care proxy, or necessitates drafting of other documents, such as pour over trusts, irrevocable life insurance trusts, qualified personal residence trusts, family limited partnerships or other documents, our attorneys work closely with the client and other advisors. Heney & Associates, LLC staff of attorneys understands the importance of the decisions our clients are making and takes the time to explore all of the options available to them.
For more information about Estate Planning, please contact bill@heneylaw.com and someone will contact you to answer any questions you may have.
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