Our Real Estate Services

Legal Services focused on Real Estate Transactions
in Greater Boston Area

Whether you are a first time home buyer, selling your home, a real estate developer or a lender seeking a closing real estate attorney; experienced, competent and affordable legal representation is what you should be seeking. Attorney William J. Walsh of South Boston has been involved in nearly 1000 residential and commercial real estate transactions as an attorney. We pride ourselves on hands-on legal service and try to return each Client's call before the close of each business day. Legal experience is important when you are making such a large financial commitment involving real estate in a volatile world. Our reputation, integrity and professional relationships with people in the industry that we've developed and enhanced since 1994 are things that our Clients have come to value. In fact most of our business has been repeat business or word of mouth referrals from satisfied clients to prospective ones. We also provide complete residential and commercial real estate brokerage services for Sellers and Buyers and we are members of the MLS service.

Click on the articles below to find additional information related to real estate transactions.

• If you are either buying or selling real estate in Massachusetts, you must be aware of changes in the law
• What must a seller or broker disclose

What does a Homestead do for Me?

Massachusetts residents have an inexpensive and simple opportunity to protect their homes from forced sale by creditors. By placing a Declaration of Homestead on their principal residence, the homeowner secures his/her home from creditors seeking to force the sale of their residence in order to satisfy debt. This protection is available to single or married homeowners for houses that are a one or more family building. However, this new change now requires both married homeowners to sign the form.

Your condominium, or an apartment building, which is the principal residence of the owner / declarant, is also subject to the protection. Recently, Massachusetts allowed a homestead exemption of $125,000.00 even for those who have not recorded a formal homestead. It is also available to you whether or not you have children. No homestead is available on secondary residences like summer vacation houses because you can only have one homestead estate, on your principal. Note that the Declaration of Homestead does not prevent the mortgage lender from attaching and selling the residence if the owner(s) is unpaid on their mortgage (foreclosure), or delinquent in state and federal taxes, court orders for child support and court spousal support, or debts resulting from fraud and duress. Also note that a homestead does not prevent foreclosure on the mortgage (or other money) used to buy or refinance the property or any debt incurred prior to the making of this declaration. This protection has just been increased to $500,000.00. If you have an existing homestead filed you are all set, no need to re-file!

Any owner of the principal residence should file the homestead. The only time more than one owner should file homesteads is if both are disabled or older than 62 years of age. Even with a declaration of homestead, you are free to sell the property and transfer it by will, etc. This has also increased to $500,000.00.

• The recent change also allows for homesteads on 2-4 family homes and property owned in trust.
• You need not re-file your homestead when re-financing.
• Closing attorneys must now provide Borrowers with notice of the availability of homestead.
• Please do not hesitate to contact us at WALSH ASSOCIATES, serving the community for 22 years. 617-980-5400 or william@wjwalshlaw.com

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