Restrictions
December 5, 2017 / December 6, 2017 by Donald R. Pinto, Jr. | Leave a Comment
In its decision today in Berger v. 2 Wyndcliff, LLC (pdf), the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. As to restrictions imposed as part of a common scheme applicable to four or more contiguous lots, M.G.L. c. 184, § 27 states in relevant part that an […]
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Mortgages
November 16, 2017 / March 2, 2018 by Donald R. Pinto, Jr. | Leave a Comment
In its decision yesterday in Wells Fargo Bank v. Comeau (pdf), the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife the obligation to pay a note signed by her late husband where the wife had not signed either the note or […]