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CLOUDS NOT LIFTING OVER MASSACHUSETTS FORECLOSURE STORM Rain is falling on two banks that brought complaints in the Land Court to remove clouds on title which lingered following their attempts to foreclose mortgaged properties in Springfield, while a third bank apparently lives on the sunny side of the street.
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"GOOD NIGHT, SLEEP TIGHT, DON'T LET THE BEDBUGS BITE"
The resurgence of bedbugs in the United States has risen to epidemic levels with some calling it the "new mold". First, some interesting facts about these lovely creatures: For centuries bedbugs have been driving sleepers crazy. These small (⅓ to ¼ inches long) biting bugs like warm environments, such as beds, and can survive for up to one (1) year without food. More Details>> |
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MASSACHUSETTS SUPERIOR COURT DECIDES THAT MECHANICS LIENS DO NOT ATTACH TO CONDOMINIUM COMMON AREAS
Condominium practitioners, condominium boards and property managers in Massachusetts have long had the belief that a mechanics lien cannot attach to the common areas of a condominium. That belief is premised in Section 13 of the Massachusetts Condominium Act which provides that the common areas are not subject to attachment. However, Section 13 of the Condominium Act, has not stopped contractors and builders from placing mechanics liens on the common areas to initiate and often leverage settlement of disputed construction claims. Unfortunately, there is little case law on point. Recently a Massachusetts Superior Court judge in the case of Powder Mill Builders v. Powder Mill Square, LLC and Powder Mill Square Condominium Trust has in a lengthy and well reasoned decision decided that common areas cannot be attached by mechanics lien. Practitioners, property managers and condominium boards should now be able to use this case to dissuade aggressive contractors and materialmen from attempting to use this as a leverage tactic in construction disputes.
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BURNING DOWN THE HOUSE...
IS YOUR CONDOMINIUM
ADEQUATELY INSURED? Most condominium documents require condominiums to be insured at full replacement cost. However, most insurance policies do not guarantee full replacement cost (although such policies are available on a limited basis) but typically set a dollar sum certain policy limit. The policy limit is established by the insurer based on a formula, which relies heavily upon square footage. This makes sense, as the cost to rebuild a condominium or any building is typically broken down into a square footage basis. More Details>>
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