Our firm handles a host of real estate matters, including real estate conveyance, Buyer or Seller representation, and litigation. A short list of Massachusetts real estate matters is provided below:
Buyer or Seller Representation - Attorney Mercurio regularly works with Buyers and/or Sellers of real estate to ensure that their legal interests are protected. In a real estate transaction both parties typically face risks and have potential liability exposure. This office will work with you to limit your risk and minimize your liability exposure.
Real Estate Companies and Investment Property - Many people look to real estate as an investment opportunity. Our firm can assist with the formation of appropriate entities to own real estate, including corporations, limited liability companies (LLC) and limited partnerships with a corporate or LLC general partner. In multi-property investments, many people hope to limit exposure by placing different properties into separate legal entities. Additionally, many times investors want a management company to operate the real estate investment that is separate from the company that owns the real estate.
Real Estate Title Matters - This includes title and ownership disputes, probate requirements, curative title documents. Our firm also handles boundary line disputes, easement litigation and related matters.
Landlord - Tenant - We represent commercial and residential parties in landlord - tenant matters. Such representation includes lease drafting and review (commercial and residential), breach of lease agreements, and evictions.
For Sale By Owner (FSBO) - Our firm regularly works with purchasers and sellers of real estate who have not hired realtors. We can advise you through the process in addition to drafting and/or reviewing your offer to purchase, purchase and Sale Agreement, and prepare your closing documents. Though Attorney Mercurio is a licensed Massachusetts real estate broker, he limits the scope of his representation to your legal needs and will not offer pricing advice.
Commercial Leases - Few documents are as important to a business as the commercial lease. We can draft, review and negotiate your commercial lease agreements. We can also assist with breach of lease litigation matters, both plaintiff and defense. This also may include UCC filings and security instruments.
Transfers of Interests in Real Property and Title - Deeds are the most common method for conveying an ownership interest in real property. Typically, it is necessary to demonstrate a party's ownership interest in a parcel of property before that party can transfer the interest. Our firm regularly assists with this process.
Property Financing - Most property financing in Massachusetts is done by a promissory note, secured by a Mortgage. This has the effect of transferring title to the purchaser, while reserving a lien on the property. Should the purchaser fail to pay per the terms of the note, the holder of the note may foreclose on the mortgage and sell the property at a foreclosure action. We can assist you with this process.
Mortgage and Lien Foreclosures - There are several reasons that a property in Massachusetts may be foreclosed. The most common reason for foreclosure is the non-payment of a mortgage or security lien. Once someone has received notice of a pending foreclosure, it may be possible to refinance the debt using another lender or negotiate with the lender to alter the repayment terms in order to preserve your home. In certain circumstances, we would negotiate with the foreclosing lender to voluntarily relinquish the property upon terms acceptable to both parties.