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What is a Homestead and Why Should You File a Homestead?

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Buying a home doesn’t just involve finding a home that you love.  There are certain steps you can and should take to protect yourself – not just during the transaction itself, but also continuing thereafter.  One of those important protections is called a “Homestead”.  Here is a brief overview of homesteads from Attorney Joe Anderson of Crowley & Cummings:

“It is indeed a rarity that someone owns and resides in a home as their principal residence in Massachusetts and has not filed a homestead.  Nonetheless, you do not want to be the unfortunate person left in the cold when it comes to maybe the only fraction of a real estate closing that actually protects the homeowner (as opposed to the 70 other pages of documents and disclosures that only really protect the mortgage lender).  There is a shortage of things in life that are too good to be true, but the Massachusetts homestead is akin to having a professional mechanic replace your brakes for free, if not much better.  In the real estate world and estate planning arena, the greatest financial benefit for your dollar spent might be the homestead.  And when I say dollar, it only costs $35.00 to record a homestead.   

A homestead estate exempts a certain amount of equity in a home which is used as a principal residence from attachment, seizure, execution on judgment, levy and sale for the unsecured debts of the owner of the home.  Exceptions to this protection would include federal, state and local taxes, assessments, claims and liens, liens recorded prior to the creation of the homestead estate, mortgages, orders of the probate court for support, a levy or sale for ground rents (where the homeowner does not own the land) and an execution from a court to enforce a judgment based upon fraud, mistake, duress, undue influence or lack of capacity.     

By law, merely by owning a home and using it as a principal residence entitles the owner to automatic homestead protection of up to $125,000.00 of the equity therein.  However, by actually filing a Declaration of Homestead at the applicable registry of deeds increases the equity protection to up to $500,000.00. 

Under the Massachusetts Homestead Act, the homeowner’s equity is protected for up to one year after a sale of the home, and, if the home has suffered a casualty that results in the payment of insurance proceeds, then the insurance proceeds are protected for up to two years, in order to allow the homeowner time to acquire a homestead in a new (or reconstructed) home.  The Declared Homestead protects the owner, owner’s spouse and minor children.  Even upon the death of the owner, the protection continues for the spouse and minor children.        

Please don’t hesitate to contact me directly regarding your interest in the Massachusetts Declaration of Homestead.  There are some technical requirements, so your best bet would be to arrange to have a Massachusetts attorney draft the appropriate filing.  We can either a) confirm there is an existing homestead filed at the registry of deeds and email you a copy; or b) prepare a homestead for you, free of charge (provided you pay the $35.00 recording fee charged by the registry of deeds).” 

Thank you, Attorney Joe Anderson!

 

 

Valuable Tips for a Fall Sale

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Find yourself listing your home on the market and concerned about the season?  Use these effective methods for a successful sale:

1.  Clean out closets and cupboards so buyers have easy access and space can be easily viewed.

2.  Move extra pieces of furniture, equipment, and out of season clothes to storage.  Can people walk around comfortably and enjoy the [...]

Pools in Boston

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Massachusetts recorded record temperatures this Summer and the Fall looks like a warm one.  If you can’t get to the beach or prefer to stay in the city but still like to cool your toes, there are many terrific condo and rental buildings with pools!  Most neighborhoods have at least one property with a private pool, a hotel or two with [...]

Update on Boston Business Trends

One economic indicator that many businesses and real estate investors monitor is employment.  The Boston Planning & Development Agency recently published a report titled “Trends in Boston Business Establishments & Payroll Employment”, which provides some useful data.  Here are some highlights:

  • In 2016, Boston’s total payroll and non-payroll jobs increased to 794,038, up from 669,423 in 2010.  Total jobs are forecasted to reach 829,000 by
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Four Seasons One Dalton Street: Sneak Peek

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Four Seasons One Dalton hard hat tour with vests, goggles, gloves and construction boots!  (See our photos from the 54th floor)  Cabot & Company was treated to an exhilarating tour of the much anticipated luxury hotel and private condominium property at One Dalton Street, which will be 61 stories tall when [...]

Prime Real Estate to Celebrate the Fourth of July in Boston

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July 4, 1929:  Boston’s first free Fourth of July concert along the picturesque Charles River. That season of events was enjoyed by over 208,000 people.
 
July 4, 1974:  The first free concert on The Esplanade, including cannons and fireworks. That evening alone attracted a record 400,000 people.
 
Now:  More than 1/2 million people watch from the banks of the Charles River, and millions view on [...]
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