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Massachusetts Real Estate Lawyer

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Boston, Massachusetts
1 Constitution Plz
Boston, MA 02129
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Providence, Rhode Island
Shakespeare Hall,
128 Dorrance Street
Providence, RI 02903


Las Vegas, Nevada

729 South Seventh Street
Las Vegas, NV 89101

 


Bankruptcy and Real Estate Transactions

Any bankruptcy case instituted prior to October 1, 1979 is governed and continues to be governed by the Bankruptcy Act of 1898, as amended. Any case instituted on and after October 1, 1979 is governed by the Bankruptcy Code of 1978. The filing of a bankruptcy petition by a debtor triggers an "automatic stay" which immediately halts virtually all actions, including foreclosures, against the debtor and his property or property of the bankruptcy estate.

All of the debtor's property becomes part of the bankruptcy estate as of the date of the filing of the petition. The property can leave the estate by being declared exempt, by abandonment, by sale or by a re-vesting in the debtor upon the confirmation of a plan in a Chapter 11 or 13 case under the 1978 Code. Anyone purchasing a property that was the subject of a bankruptcy petition is strongly advised to contact a skilled real estate attorney to perform a careful review of the title.

Under the Bankruptcy Code, there is a "look-back" provision, allowing the bankruptcy trustee the right to challenge any transfers or foreclosures of the debtor's property within the one-year period preceding the filing of the bankruptcy. These transactions can be challenged based on the concept that the foreclosure sale or transfer of the property was fraudulent in nature. Great care must be taken when insuring a transaction coming through a foreclosure sale, or a deed in lieu of foreclosure.



Authored in conjunction with Old Republic National Title Insurance Company.

Contact a Massachusetts Real Estate Lawyer

For more information regarding the preparation and filing of a homestead, or if you are looking for a real estate lawyer in Massachusetts, please contact Rob D. Stewart. If you prefer, you can also telephone our offices in Boston seven days a week at toll free 866-414-0400.

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Parker Scheer LLP real estate lawyers in Massachusetts towns and areas including Acton, Amesbury, Andover, Arlington, Ashland, Athol, Bedford, Belmont, Bolton, Boston, Boxborough, Boxford, Boylston, Braintree, Brookline, Burlington, Cambridge, Cape Cod, Carlisle, Charlestown, Chelmsford, Chelsea, Clinton, Concord, Danvers, Dedham, Dudley, Duxbury, Essex, Fitchburg, Foxboro, Framingham, Franklin, Gloucester, Hamilton, Hanover, Haverhill, Holbrook, Holliston, Hopkinton, Hudson, Ipswich, Kingston, Lakeville, Lawrence, Leominster, Lexington, Lincoln, Lowell, Lynn, Lynnfield, Malden, Marblehead, Marlborough, Marshfield, Martha's Vineyard, Maynard, Medford, Melrose, Methuen, Middleborough, Milford, Milton, Nantucket, Natick, Needham, New Bedford, Newbury, Newburyport, Newton, Northborough, Peabody, Pepperell, Plymouth, Provincetown, Quincy, Reading, Rockport, Rowe, Rowley, Salem, Saugus, Sherborn, Somerville, Stoughton, Stow, Sturbridge, Sudbury, Townsend, Wakefield, Waltham, Watertown, Wayland, Wellesley, West Newbury, Westborough, Westford, Weston, Westport, Wilmington, Winchester, Woburn, Worcester. Parker Scheer also provides referral services to real estate attorneys outside of Massachusetts.