Law Offices Of John E. Mahoney

Real Estate Law

We handle many aspects of Massachusetts and New Hampshire real estate law including purchase and sales contracts, purchases, sales, refinances, financing, leasing and Massachusetts evictions, construction, Massachusetts and New Hampshire real estate titles, and litigation involving real estate.  Attorney John E. Mahoney is a real estate lawyer who handles both routine and complex real estate transactions and disputes.  Our clients include Massachusetts and New Hampshire home buyers, home sellers, investors, institutional lenders, private party lenders, builders, developers and landlords.

Real Estate Purchases and Sales:  We assist clients in the negotiation and closing of real estate acquisitions and sales, including the preparation of Purchase and Sale Agreements, conveyancing documents, financing documents, tax-deferred exchange agreements and other related documents.  We can represent a buyer, a seller or a lender in these transactions, although never a buyer and seller in the same transaction.  Attorney John E. Mahoney is able to represent both a buyer and the lender in the same transaction, which will save you time, money and effort.

We assist clients in the negotiation and closing of real estate acquisitions and sales, including the preparation of Massachusetts and New Hampshire Purchase and Sale Agreements, conveyancing documents, financing documents, and other related documents.  We can represent a buyer, a seller or a lender in these transactions, although never a buyer and seller in the same transaction.  The same real estate attorney may represent a buyer and the lender in the same transaction.

The first step in a Purchase and Sales transaction is usually an Offer made by the buyer to the seller to purchase a property.  Although binding, an accepted Offer does not contain great detail.  Consequently, a Purchase and Sales Agreement is subsequently executed.  The buyer and seller are concerned about the language of the contract.  Both want favorable terms in the event things don't go as planned.  The lender is not involved in the negotiation of this contract.  It is important that both the buyer and the seller have their real estate lawyer review the contract.  The agreements to sell between a real estate buyer and seller are governed by Massachusetts contract law.  The statute of frauds requires that real property contracts be in writing.  The agreement will not be verbal.

The next consideration for a buyer and lender is the quality of the seller's MA real estate title. Title to real estate must be marketable, which means that it must be free and clear of all encumbrances, liens, legal questions, litigation risks, or other title defects. To ensure the property purchased has marketable title, the buyer or more accurately, the buyer's lender, employs an attorney to perform a title search. If you are the buyer in a transaction tell your lender you want your Massachusetts real estate attorney assigned to do the closing work. It is often possible, and with the Law Offices of John E. Mahoney serving as the Massachusetts closing attorney, it saves you money. In a title search, the public records in the county in which a property is located are examined to determine a chain of title of ownership for a minimum of fifty years. The search will assure that title always properly passed owner to owner. The search will also reveal if there are any encumbrances on the property, such as mortgages, unpaid real estate taxes, liens for municipal improvements, unpaid federal taxes, government claims, judgments, and easements. This attorney will arrange an Owner's Title Policy to insure the buyer against losses caused by title defects.

To pass title to Massachusetts real estate, the seller's attorney must prepare a deed with a correct description of the land for the seller to sign and deliver to the buyer at closing. The seller's attorney will also assist in obtaining information necessary to pay off existing mortgage loans and clear the title and will assure the calculation of monies is accurate for the seller. The attorney hired by buyer's lender will conduct the Massachusetts real estate closing by having prepared the loan documents. That attorney will record the deed to establish ownership of the Massachusetts real property and to provide notice of its transfer to subsequent purchasers, and the mortgage to establish the lender's lien on the property to secure the loan.

In short, we handle all aspects of the Massachusetts real estate closing.

Massachusetts Real Estate Title: Our firm is experienced at analyzing and solving Massachusetts real estate title problems, easements and access disputes, and handling all title related litigation.

Our firm is experienced at analyzing and solving Massachusetts real estate title problems, easements and access disputes, and handling all title related litigation. 

Financing: We represent clients seeking financing and also represent many lending institutions. We advise clients on current methods and alternatives in real estate financing and assist in the documentation of real estate mortgages, deeds and contracts for sales. The same Massachusetts real estate lawyer may represent a buyer and the lender in the same transaction.  The Law Offices of John E. Mahoney saves buyers money when we represent their lender in preparing their loan documents and handling their real estate closing representing them individually as well.

We represent clients seeking financing and also represent many lending institutions. We advise clients on current methods and alternatives in real estate financing and assist in the documentation of real estate mortgages, deeds and contracts for sales. The same Massachusetts real estate lawyer may represent a buyer and the lender in the same transaction.  The Law Offices of John E. Mahoney saves buyers money when we represent their lender in preparing their loan documents and handling their real estate closing representing them individually as well.

Massachusetts Leasing: The firm represents landlords and tenants in Massachusetts residential lease transactions. Often this representation involves drafting or reviewing a lease and assuring that the document complies with the requirements of Massachusetts real estate law. At times, the relationship between a landlord and tenant goes bad and a Massachusetts eviction to remove the tenant results. We can assist landlords in initiating Massachusetts evictions to protect their property and recover rent monies past due. We also assist tenants in litigating violations of the Massachusetts landlord-tenant laws.

: The firm represents landlords and tenants in Massachusetts residential lease transactions. Often this representation involves drafting or reviewing a lease and assuring that the document complies with the requirements of Massachusetts real estate law. At times, the relationship between a landlord and tenant goes bad and a Massachusetts eviction to remove the tenant results. We can assist landlords in initiating Massachusetts evictions to protect their property and recover rent monies past due. We also assist tenants in litigating violations of the Massachusetts landlord-tenant laws.

Massachusetts Real Estate Development: We assist clients in all Massachusetts residential real estate development including the subdivision of land. We have extensive experience in the creation and operation of Massachusetts condominiums.

We assist clients in all Massachusetts residential real estate development including the subdivision of land. We have extensive experience in the creation and operation of Massachusetts condominiums.

Massachusetts Foreclosure: We represent clients holding mortgages on real estate who are not being paid on the underlying obligation. We can foreclose the mortgage to obtain payment or title to the collateral.

We represent clients holding mortgages on real estate who are not being paid on the underlying obligation. We can foreclose the mortgage to obtain payment or title to the collateral.

Partition of Massachusetts Real Estate: Sometimes title to Massachusetts real estate is owned by multiple parties who can't agree on disposal of the property.  We can assist a co-owner in forcing a division of the property on the ground, if feasible, or if not, a sale of the property.  This type of action is called a partition action.

Sometimes title to Massachusetts real estate is owned by multiple parties who can't agree on disposal of the property. We can assist a co-owner in forcing a division of the property on the ground, if feasible, or if not, a sale of the property. This type of action is called a partition action.

Massachusetts Short Sales of Real Estate: Sellers may own Massachusetts real estate that is worth less than the money owed on the mortgages encumbering the property, and the costs of a potential sale.  In that circumstance, the seller must obtain the approval of the mortgage lender(s) to sell the property for less than what is owed.  This type of transaction is known as a Massachusetts short sale. We assist sellers in obtaining approval and closing of Massachusetts short sale transactions.

Sellers may own Massachusetts real estate that is worth less than the money owed on the mortgages encumbering the property, and the costs of a potential sale. In that circumstance, the seller must obtain the approval of the mortgage lender(s) to sell the property for less than what is owed. This type of transaction is known as a Massachusetts short sale. We assist sellers in obtaining approval and closing of Massachusetts short sale transactions.

Attorney John E. Mahoney handles all Massachusetts real estate law transactions personally and is aided by an elite staff and state-of-the-art technology. Attorney Mahoney is a member of the Massachusetts Real Estate Bar Association. He has over thirteen years experience in Massachusetts real estate law representing buyers, sellers, lenders, landlords, tenants, developers and litigants. Call Attorney John E. Mahoney today for a free consultation on Massachusetts real estate law matters.

To Attorney John E. Mahoney, personal attention and excellent service means assuring you have the right legal help at the right time. The Law Offices of John E. Mahoney represent clients throughout Massachusetts and New Hampshire.

- Free initial consultation.
- Competitive rates.

Law Offices of John E. Mahoney
184 Pleasant Valley Street, Ste 2-102
Methuen, MA 01844
Phone: 978-557-5755
Fax: 888-523-7450
Email: john@lojem.com