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I reside in SC but own a home in MA. I was in a business…

Hello. I reside...

Hello. I reside in SC but own a home in MA. I was in a business dispute regarding a piece of equipment and that person put a lien on my home in MA, which I expected. However, one of my tenants received a letter that was just left on the doorway from the Supreme court and I need someone to review the letter and tell me what it means. Is this something I could hire someone to do? Mary Jo

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

As I stated, I reside in SC but the property is in MA So it would be Massachusetts law

Lawyer's Assistant: Has anything been filed or reported?

I'm not sure I understand your question. I would say, yes something has been filed and reported and I have a document that was intended for me to receive, I suspect, but my tenant received it instead.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that if I can have this document explained to me, we could take it from there because depending on the meaning of it, would depend on the next steps. One more thing I would say is that the document states that the property has been "seized" however, I checked with the registry of deeds as well as my lender and everything remains in my name.

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Customer reply replied 1 month ago
Also, I would not expect that someone be able to review this document in minutes, I suspect it will take a little time, the document is 2.5 pages long.
Customer reply replied 1 month ago
Hello. Will someone be in touch with me today?Mary Jo
Answered in 13 hours by:
3/13/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I would be happy to take a look at the letter for you if you can attach it to your reply to this message.

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Customer reply replied 1 month ago
Hello Wendy. Here are some bullet points to consider as you review this letter:1. This was a dispute over a piece of equipment and I did confirm that lien for this amount was place on my house, which I did expect.2. I have also confirmed, with the registry of deeds, that the deed to this property remains in my name and Wells Fargo, my lender, also has me as the only note holder with no information of any changes.3. I have two tenants in the house now, it is a 3 family house, who are refusing to pay their rent because they received this letter. The house is in Massachusetts.4. It would not make sense for someone to seize this property for $72k that they perceive to be owed to them because the note on the house is about $220k, which is also just about it's estimated value, and the person suing me lives in CA, making it very challenging to manage a house in MA and take on it's mortgage.I appreciate your expertise.
Mary Jo
Customer reply replied 1 month ago
If you prefer to talk once you've reviewed this, that is fine with me. I appreciate your time and expertise.
Mary Jo

Thank you. I am reviewing now; I do have to step out for a bit. So, if I don't get a chance to fully respond in the next little bit I will get to it in just a bit.

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Customer reply replied 1 month ago
Of course, I realize this could take some time. I'll watch for your next response, I have some flexibility with time today to work on this.

It looks like I got two attachments of the same second page; can you try resending the first page.

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Customer reply replied 1 month ago
Sorry about that.

No worries. So I have reviewed what you (your tenants) received and I have reviewed the pertinent statutes and also the entry with the register of deeds (which I am attaching here). What has essentially happened is that related to the lien on the property the plaintiff is now seeking to have the real property sold to pay for the judgment. The writ of execution and "seizure" is the way to do that. Given the information you provided about the outstanding mortgage balance and the property value being pretty close to equal, it sounds like the attorney handling this did not fully evaluate the best way to collect this judgment, as it seems unlikely any of this will result in payment to his client. Though the deed is still in your name, the Writ of Execution has been filed with the Register of Deeds in Hampden County. Thus, if you tried to sell the property anyone doing a title search would find your Wells Fargo mortgage, as well as this writ of execution. What the writ of execution will likely allow them to do is include this property in a sheriff's or other sale - at which time the property is put up for bidding and sold to the highest bidder. The Wells Fargo mortgage would have to be satisfied first out of that sale and then any left would go to this $74k amount. The problem is that at these sales properties tend to sell for much less than fair market value. Thus, it is not in your or Wells Fargo's interest to have this property sold. I would suggest you speak with Wells Fargo, as they may be able to step in to help with this issue to prevent a sale or at least to monitor the situation, as it is in their interest to do so. In addition, it would be worthwhile for you to consider hiring an attorney in Massachusetts for the sole purpose of monitoring and knowing what your rights are to object to a sale or to redeem the property after a sale (there is typically a period of time where you can do this - I haven't specifically checked the relevant law on that part). On the issue of your renters, they should continue to pay their rent pursuant to their lease agreements. I understand their concern that if you do not own the property (its having been seized), they shouldn't be paying you, but you are still the deeded owner and also the listed landlord on their lease agreement. You may want to explain to them that this is all part of the process of collecting a judgment against you on unrelated business issues and that unless and until the property is actually sold, you remain the owner and landlord.

This is a difficult situation and if you want to be certain to save this property and also prevent a sale that might end up with your still owing the amount and possibly owing any deficiency to Wells Fargo (any amount left on the mortgage balance that wasn't paid by a sale), it would be a good idea to see if you can find a way to pay the judgment. This could involve voluntarily selling property or offering the plaintiff's attorney a payment plan. Obviously, that is not possible if you are not able to make any payment, but it may be a way to resolve the issue.

If you need any further help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
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Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
Thank you for your explaination. I have homestead protection but that house is not my primary residence so I'm not sure I can lean on that.Do you think it is ok for me to call the attorney of the plantiff? Or would you be willing to do that and just talk with them on my behalf? I think that would be more credible.Honestly, I could let the house go into foreclosure before I would be willing to walk away from owing Wells Fargo an outstanding balance for something I don't own with them.Mary Jo
Customer reply replied 1 month ago
Also,
How much do I owe you?
Customer reply replied 1 month ago
This note was agreed on by an incorporated business that I owned, I'm surprised they were able to attach my personal property. In any event, the plantiff refused to let me sell the equipment back to the original company it was purchased from because he was not satisfied with the offer they gave me/us. Then I had a pretty good deal worked out with a former business partner to purchase it, and the plantiff would not allow that sale because he didn't "like" my previous business partner (for good reason but nonetheless he refused to allow me to sell it to him). So, I ended up storing and paying for moving the equipment for quite some time before I finally sold it for $12,500.00, a tremendous loss of course.I'd be willing to settle for the $12,500.00. I would pay $5000.00 now and the remainder over a 12 month period.Would you be willing to present that to his attorney on my behalf?On another interesting note, the Plantif used to be my roommate when I transferred with my job to CA for a while back in 2009 or so and once I moved into his home he said he didn't want me to claim the $850.00 rent I was paying him, he wanted it as unclaimed income, which I did, felt I had no choice since I was already living there.In addition, he told me that he wrote off the equipment on his taxes to the tune of $20k and my accountant suggested that he continue to write off the note, I believe he was writing it off as depreciation but that was not correct, he needed to write off the note. He was actually quite satisfied with this because he is very wealthy with very little expenses.One more thing is that I helped him tremendously as he started up a new business and time and time again he thanked me for my time and stated that he could not have and would not have been able to do it without my help. Even when I moved back to MA from CA, he called me several times a day to discuss what his next steps could/should be as he ramped up his business and I gladly took all of his calls and helped him at great length with his business plan.Of note, this gentleman was a dear friend of mine and I hope we can get through this and both feel like we helped each other along life's way.If you could present the offer I made, and I could write it up more formally as to how I got to the this final amount, I would sure appreciate it.Mary Jo
Customer reply replied 1 month ago
I would like to keep the property but I will let if foreclose if that's what it comes too. Sadly.

I am so sorry you are in this situation. Best of luck and let me know if you have any more questions.

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Customer reply replied 1 month ago
Are you able to see my above email asking if you could continue to facilitate me through this by reaching out to the Plantiff attorney?

Unfortunately, I am not in a position to reach out to the Plaintiff's attorney, but I am happy to help you draft correspondence to him if that would be helpful.

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Customer reply replied 1 month ago
That would be a fantastic help. I feel very intimidated by them. I am willing to work out a reasonable solution so I think it is worth it to get something over to them. Just writing with you has me feeling some sense of confidence and relief so thank you for that.I'm going to make my financial position as dooming as possible in hopes that they will agree to a reasonable settlement to be paid over time, let's start with the $12,500.00 that the equipment (which is a laser) was ultimately sold for and they have to consider Mr. Vittantonio's refusal to sell it back to the original company that it was purchased from as well as refusal to sell it to my former business partner. That made it very difficult for me as I had to store it properly and have it professionaly crated and moved. I did my due diligence to attempt to sell it asap when the med spa closed and Mr. Vittantonio prevented those attemps from being successful. The machine was not used, it did not generate income, it basically sat in storage while I kept attempting to sell it. I got the best price I could get.It might be worth mentioning if not at this time but in future communications (or whenever you see fit) that currently I am unemployed, I drive my father's car, my house is worth about what I owe at best, ***** ***** have no retirement or savings.FYI only, I'm not as bad off in life as I appear to be on paper.Thank you for taking this intel and drafting a correspondence for my review and to submission to the plantif attorney.
Customer reply replied 1 month ago
Also noteworthy is the fact the Mr. Vitantonio took a calculated risk when lending the med spa the money to purchase the laser. He was privy to the entire business model and had participated in the brainstorming for a couple of years prior to this agreement.He was the note holder and I'm certain he wrote off the loss on the note so why is he trying to get paid twice on it? The note was to a corporation not to me personally and I didn't personally guarantee it either.I helped Mr. Vitantonio for many many many hours over two years or more time to facilitate him launching his business which is extremely lucrative. I would hope that Mr. Vitantonio would recall and recognize that my time and expertise was valuable to him at no charge.I realize that this is a very different subject matter but it is intel that might be able to be used when I try to settle with them.Appreciate any other input or suggestions you may have.

So, when they sued you, they sued both the LLC and you personally? If that is correct (since both are listed on the writ of execution), if you did not sign a personal guarantee did you ever challenge being named individually? Just trying to make sure I have a good picture of what happened as I start putting something together for you.

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Customer reply replied 1 month ago
I only received one letter which was served to me and I responded to it myself. I forget what it was called but it basically itemized charges and I answered "none' to all of the line items based on advice from the court.I have some letters from them via regular mail but honestly, I didn't read them because I just felt like there was nothing I could do particularly after Mr. Vitantonio refused to agree to have me sell the laser to two different parties. It was like I could not win with him. In one breath he would state, "sell the laser for whatever you can and I'll take that" and in the next breath he refused to let me sell it to potential buyers, one due to the price they would buy it back at and the other because he didn't like the person. Well, I didn't like the person either, he took advantage of me and really Mr. Vitantonio as well, but nonetheless I reached out to him in a attempt to settle this and my attempt was rejected by Mr. Vitantonio.In addition, he told me he was fine because he was able to write off the laser and with all of his cash assets and little to no liability, it actually benefitted him.Ultimately, I was only served one letter from them. It seems I would have had to been physicall served more than one piece of mail from them.

You might consider sending a letter to David Goldberg that says something like this:

Dear Mr. Goldberg:

I am aware of the judgment you obtained against me on behalf of Mr. Vitantonio. I am also aware of efforts being taken to collect on that judgment. I remain incredibly confused by the stance Mr. Vitantonio has taken in this matter. Throughout our business relationship he was not only kept apprised of the business plan but took an active part in crafting it. Moreover, as I never provided any personal guarantee of any of the debts owed to Mr. Vitantonio by the limited liability company, I am also disturbed by the actions taken against property personally held by me. Unfortunately, I was not in a position to adequately defend myself in the Massachusetts action given my residence in South Carolina, I am currently unemployed, the property you seek to seize to collect on this judgment likely has no equity and result in no payment to Mr. Vitantonio. Thus, I am hopeful we can try to work out some other means of satisfying this judgment.

At this time, I would be wiling to offer $12,500 in full satisfaction of the judgment. I could pay $5,000 now and then pay the rest over a 12-month period. This would be a financial strain but it is my hope that, since your client and I were once great friends and I would like to salvage what is left of that relationship, that he may be willing to compromise the judgment amount in this manner. I would ask that he consider this also in part because he, on more than one occasion, refused to let me sell the funded equipment that led to this dispute to people and for an amount that would have been in excess of what was ultimately obtained. For whatever reason, he frustrated my attempts to try to make good on the outstanding obligation. I know, through you client's own statements to me, that he also already obtained the tax benefit of writing off this debt such that he will likely be made whole for less than the amount of the judgment.

Your client and I have helped each other quite a lot over the years and I am hopeful he will remember all the assistance I have provided to him along the way and consider resolving this matter amicably.

I think something like this is a nice starting point.

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Customer reply replied 1 month ago
Posted by JustAnswer at customer's request)Hello Wendy.Touching base about how the draft is coming along.Thank you.Mary Jo

Mary Jo -

So sorry for the miscommunication; my latest message set out what to include in a letter. If you are able to just cut and paste that into a letter and mail it. The letter will come from you, as I am not in a position to send it but also because, in my experience, especially with the personal relationship between you and the other side, it is a much more amicable approach. If you have any questions about changes you want to make, let me know.

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Customer reply replied 1 month ago
Hi. Oh I understand that completely and my apologies, I didn’t see that last email. I will get to work on it and get it to him.Thank you very much for your encouragement and expertise.Mary Jo

I am happy to review it before you send, if that would be helpful.

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Customer reply replied 1 month ago
For your review and comment.

You did a wonderful job with this letter. The only thing I would remove is the phrase - "since it is a moot point at this time" as I don't know that you want to acknowledge that, even if it is the case. I am hopeful that the other side will consider this offer; his attorney is ethically obligated to present it to him and I hope he does so in full context.

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Customer reply replied 1 month ago
Hello Wendy.Just touching base to update you. I sent the document along yesterday and within 4 minutes Attorney Goldberg emailed me back stating that they would review it for consideration. I'm still awaiting any other response.One of my tenants has agreed to pay her rent that is two months past due now, so that is good news and I'm still trying to reach the other tenant and I'm confident he will pay his rent as well.I'll ask you to review any correspondence from attorney Goldberg.Again, thank you for giving me a starting point and some confidence to address this issue.Mary Jo

I am so very glad I could be helpful and this sounds like a couple steps in the right direction.

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Customer reply replied 25 days ago
Hello Wendy.I never heard back from Attorney Goldberg even though he stated that he would be in touch. Should I reach out again?Mary Jo

I would reach out again with a very simple follow-up that you are just checking on the status of the matter and wanted to make sure they didn't need anything further from you - something that reminds him to deal with this matter without seeming so eager that they just decide to say no to any resolution, which I would hope they wouldn't.

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Customer reply replied 25 days ago
Ok, I will do that. Seizing the house is definitely the worst thing they could do. There isn't enough money in it to pay Wells Fargo let alone another $74k. Their best bet is to let me rent out that house for income so that I have funds to pay some sort of settlement. I wish I had put that in my original letter to them.

You can certainly suggest it as one option for resolution in a follow-up communication. That would probably be a good settlement for all involved.

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Customer reply replied 25 days ago
Should I tell him that I really don't care about the house, I never go there and I don't live in it and if I thought I could sell it and settle this matter that I would certainly do that but because the house value is no where near the amount of the liens that it would be best to allow me to rent it out and pay Mr. Vitantonio monthly on an amount we agree on?Or is that too much information?

Maybe too much at this point, but be prepared if negotiations don't progress fast enough with something like I don't have a real attachment to the house but both of us will come out behind financially by its sale.

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Customer reply replied 25 days ago
Ok, I'll gently suggest the option in the follow up as you suggested.
Customer reply replied 25 days ago
Hello Attorney Goldberg.Touching base to see if there is any other information you need from me.I've been thinking a lot about this and the best way to resolve this is for me to have the availability to rent out all the units in that house allowing me some income to pay on a settlement. The house does not have the value that Mr. Vitantonio apparently perceives it to have, there will not be enough money to pay the lender never mind a secondary lien holder if the house is auctioned. Nothing will be resolved by a seizure and auction of that property and I'm open to consider more favorable options for everyone so that we can put this to rest.Respectfully,
Mary Jo
Customer reply replied 25 days ago
That's what I sent. This whole thing is sickening. Thank you for your support.

I know it is hard. But if it helps, that was a wonderfully drafted message.

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Customer reply replied 24 days ago
Hello Wendy. Here is the response that I got from attorney Goldberg: We are going to need a substantially better offer than the one you have proposed.Here is what I'm considering on replying:Hello Attorney Goldberg.Looking at this situation logically: the fact that the house has no equity, I have no savings, no retirement, nothing to liquidate and that I don't foresee that changing in the future, there isn't anything that Mr. Vitantonio can take from me nor much that I can offer him. Frankly, I have no ties to this house and if I even thought that the sale of it would satisfy the lender and any liens on it, I'd consider selling it in order to be out from under all that debt but that's just not the case here. The only reason I am considering a settlement with Mr. Vitantonio is because I can collect some rental income in order to pay him and put this to rest so that we can all move on. Without the house, there will be no settlement, Mr. Vitantonio will never receive any money from me. As a result, he may want to consider some vs none.Also, considering that he has already claimed this note as a loss to his own benefit, I would strongly suggest that any additional income he might obtain from me in a settlement would be considered more than fair.Respectfully,Mary JoWendy,Clearly, I'm very upset about this and I know Mr. Vitantonio very well, this all emotional for him. He is greedy with money but mostly he is a very emotional man, has some mood imbalances actually and this ruined our friendship, something we both lost and will never get back. This money part is just to make my life difficult more than to get money from me.What do you think is a realistic settlement? Should I go up to $20,000.00 in this response to him?Appreciate your expertise.
Customer reply replied 24 days ago
Also, what will happen if the house is liquidated and Mr. Vitantonio does not receive his settlement? They keep going after me? Such a waste of time and resources.In your experience, do you think if I give him the above response and let them sit on it for a bit that they will realize that you can't get blood from a stone and take what I've offered?

I think $20,000 is very reasonable and a large enough sum that if I was advising Mr. Vitantonio I would suggest he strongly consider it. You could offer that or you could leave the amount open and say you are open to considering something reasonable but less than the full judgment and would need to pay it over time. It is always hard, though, when an actual judgment has been awarded for people to realize that just because they "won" or got a judgment doesn't mean they will actually collect. I think the response is good; I might change the last couple sentences in the main/first paragraph to Mr. Goldberrg to read something like this, "The only reason I am offering this settlement is because if I am permitted to keep the house and continue to collect rental income from it, I will have means to continue to pay the lender and pay some to Mr. Vitantonio to put this issue to rest for us both. As a sale of the house will take my only means of income and my only asset without any equity from which Mr. Vitantonio would receive anything, the solution I am proposing provides some funds to your client where he otherwise likely gets none."

They could keep trying to find assets you own to collect and they could seek to come to SC and enter the judgment here in an attempt to collect from anything you may earn or own; but there are costs involved with that and it does seem like a waste of time and money.

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Customer reply replied 24 days ago
Between you and me, I am intentionally not purchasing anything and I am not working in my field of Nursing at the moment until this is settled. I literally have nothing in my name, not even my car is in my name. I will keep it that way if I need too, I'm in a position to do that. There is nothing for them to go after.Ok. I'm going to put that response together now and think about the $20,000.00. I will also need to see proof that he has reversed the seizing process and any other actions toward me or my property right? Should I put that in there? Also, I will need him to send letters to my tenants. One of them is not paying rent because of the seizure notice and that is costing me money to start the eviction process, all which can be eliminated if we can come to some sort of an agreement here.I think $20,000.00 is more than fair too. Thank you.
Customer reply replied 24 days ago
Hello Wendy. Here is the response that I got from attorney Goldberg: We are going to need a substantially better offer than the one you have proposed.Here is what I'm considering on replying:Hello Attorney Goldberg.Looking at this situation logically: the fact that the house has no equity, I have no savings, no retirement, nothing to liquidate and that I don't foresee that changing in the future, there isn't anything that Mr. Vitantonio can take from me nor much that I can offer him. Frankly, I have no ties to this house and if I even thought that the sale of it would satisfy the lender and any liens on it, I'd consider selling it in order to be out from under all that debt but that's just not the case here. The only reason I am considering a settlement with Mr. Vitantonio is because I can collect some rental income in order to pay him and put this to rest so that we can all move on. Without the house, there will be no settlement, Mr. Vitantonio will never receive any money from me. As a result, he may want to consider some vs none.Also, considering that he has already claimed this note as a loss to his own benefit, I would strongly suggest that any additional income he might obtain from me in a settlement would be considered more than fair.Respectfully,****Wendy,Clearly, I'm very upset about this and I know Mr. Vitantonio very well, this all emotional for him. He is greedy with money but mostly he is a very emotional man, has some mood imbalances actually and this ruined our friendship, something we both lost and will never get back. This money part is just to make my life difficult more than to get money from me.What do you think is a realistic settlement? Should I go up to $20,000.00 in this response to him?Appreciate your expertise.

I know we have some more back and forth correspondence than what is showing up on my screen, but I can't seem to bring back up the last message you sent. I just wanted you to know I was planning to respond but can't seem to update our conversation. If you need any additional input from me at this time, could you resend your last message?

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Customer reply replied 23 days ago
Looking at this situation logically: the fact that the house has no equity and has a note larger than it's value, I have no savings, no retirement, nothing to liquidate and that I don't foresee that changing in the future, there isn't anything that Mr. Vitantonio can take from me. Frankly, I have no ties to this house and if the sale of it would satisfy the lender and any other liens on it, I'd consider selling it in order to be out from under all that debt but that's just not the case here. A sale of the house will take my only means of income and my only asset without any equity from which Mr. Vitantonio would receive anything, the solution I am proposing provides some funds to your client where he otherwise likely gets none.At this time, I am willing to offer a more than fair and reasonable settlement, all things considered, of $20,000.00 to be paid over time.The only reason I am offering this settlement is because if I am permitted to keep the house and continue to collect rental income from it, I will have means to continue to pay the lender and Mr. Vitantonio and put this issue to rest for us both.
Customer reply replied 23 days ago
Hello Wendy.How does that response look to you? The last sentence of the first paragraph doesn't read well to me but I cannot seem to dial it in any better.
Also, I need some vocabulary in the second line indicating that this would satisfy this judgement in full but I don't know how to say it.The stress of this prevents me from even being articulate I guess.Mary Jo

I think that response is great. I think the first sentence is fine; it is long but it says all that likely should be said. I would just add to the end of the second to last paragraph something like, "If your client is willing to resolve this matter in this fashion, I would request the lien be lifted and that all necessary documents be signed, and where necessary filed with the Court, to indicate the judgment has been satisfied in full. I realize some of this documentation may need to wait until payment is made."

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Customer reply replied 23 days ago
Hi. I already sent what I had so hopefully it was ok.Have a nice weekend.

It was fine; no problems with it at all.

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Customer reply replied 20 days ago
Hello Wendy.They have not responded. At this time, I have not paid the mortgage for the last two months. I'm thinking I'd rather let it foreclose then to have it auctioned off and me owe Wells Fargo and Mr. Vitantonio.Mary Jo

The only concern I would have - and I don't know the answer in terms of how fast Wells Fargo would act v. the sale by the sheriff - is ensuring the sale is conducted in a way that gets the best price to avoid any deficiency owed to Wells Fargo. If the sheriff sold it faster than Wells Fargo acted, Wells Fargo would obviously be the entity to collect first but Mr. Vitantonio's lawyer should want it sold for the highest price possible or his client gets nothing (likely gets nothing anyway). If you do not have any other assets, that is certainly an option - letting it be sold.

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Customer reply replied 10 days ago
Hello Wendy.I have had no response from them. How unprofessional to not even respond. I'm thinking that my next email to them will be something like this:Since you are seemingly unwilling to work with me on resolving this matter, I will let my tenants know to move in preparation for the auctioning of the house.Note that I have not worked, except for a few months, in the past couple of years, I am currently unemployed and expect to remain unemployed, I have no other assets and will ensure to not have any assets in the future, it is not important to me to have things.Frankly, I look forward to being relieved of my debt on that house (debt to Wells Fargo that they will collect at the sale of the house) and Mr. Vitantonio will get nothing from me.If Mr. Vitantonio would like to receive payments from me, of any kind, me keeping the house is the only way that will happen, and it is a burden to me to even keep it. I live 1000 miles from it, maintaining it is a hassle, the neighborhood got so bad that my mother who used to live there had to move, and if I never see it again that'll be too soon. So, really, my offer to keep the 100 year old house solely to Mr. Vitantiono is a kind gesture in effort to resolve this matter since we both entered into this with good faith.It is ironic that Mr. Vitantonio would take my only means to pay him from me. Mr. Vitantonio is much smarter than to bite off his nose to spite his face, perhaps his decision to do so is more emotionally driven than logical.Good day.What are your thoughts?
BTW that is all true and I just paid an attorney $500.00 to start the eviction process of one of the tenants who hasn't paid his rent because of this notice to seize so the house is a constant hassle for me. I was hoping to keep it as part of my eventual retirement but I'm not sure if it is worth the energy and stress anyway. So, I'm thinkning just let it go.The only thing is, I would eventually like to have something in my name again but certainly should not with this hanging over my head.Thoughts?

I would tone down some parts of it, as follows:

delete "and will ensure to not have any assets in the future, it is not important to me to have things" and change that to "and do not expect to have any assets in the foreseeable future." You don't want it to sound like you are intentionally trying to defraud anyone (though certainly nothing requires you to have any assets).

change and "Mr. Vitantonio will get nothing from me" to "cannot see, with the senior interest of Wells Fargo, how the house will ever sell for a price the would allow Mr. Vitantonio to receive anything from its sale."

The last paragraph is fine; just think about whether you want to include it from a personal perspective or not.

It is seemingly quite unprofessional to have no response.

Whether you can own things in the future will depend on how long you are willing to wait. Massachusetts judgments last 20 years and can be renewed (if the person to whom they were awarded files proper paperwork) for an additional 20 years.

I am sorry it is coming to this, but I am sensing you would just as soon lose the house and be done with it all; that is not an unreasonable position.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 10 days ago
Thank you for your suggestions, clearly I'm sick of this mess.Is there any other viewpoint you can think of from my standpoint on this? For example do I offer a certain percentage of equity in house to Matt as time goes on and it builds equity?
Customer reply replied 10 days ago
My mother used to live in the house, which prevented me from being able to really afford it, I lived there too. Now, my mother has moved and I'm not there so I have to apartments that are rented and one vacant one that I'm looking to fix up some and rent out.When that 3rd apartment is rented, I will finally have an income from the house, after expenses will yield about $500.00 a month. So, if the mortgage, taxes, insurance, and water bill are all covered with $500.00 left over, I could put that on the principle and pay it down rather quickly. Of note I owe about $220k I suspect it is worth about that on the market for a fair price. Certainly not at auction.The idea was to pay it off in the next 15 years and collect 3 rents from it. If I somehow could negotiate to have Matt be entitled to a portion of that perhaps that would satisfy their greed?

You could offer equity but I fear you would not get a response to that offer either and you would have to continue to deal with this mess. One thing you might consider is asking for a phone conference where you can speak directly to Mr. Vitantonio.

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Customer reply replied 10 days ago
Why won't they respond? Is that odd to you?
Customer reply replied 10 days ago
they really want to take the house and have nothing? I'm just not understanding this.
Customer reply replied 10 days ago
Maybe I should just ask him why he's not responding at all?
Customer reply replied 10 days ago
Honestly, I'd go up to about 30k to settle this but I am very uncomfortable giving one offer after another without them responding to me at all.

There is no way to know why they aren't responding; it could be they don't care, don't want to settle even if that leaves them with nothing (which would be an odd position); or it could even be a lazy/not focused attorney.

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Customer reply replied 6 days ago
Hello Wendy.Still no reply so this is what I just sent their way.
Hello Attorney Goldberg.Perhaps email is not the best communication method. What are your thoughts about scheduling a conference call between your client and me?Mary JoHopefully that didn't sound desperate, I just think we need to talk so I can make decisions.I wonder where this is in the process as far as the registry of deeds.

Not desperate at all; just letting him know you want to try to sort this out and not sit on it until it is too late to do what is best for both sides.

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Customer reply replied 4 days ago
Hello Wendy.
Here is the response I received when I requested a conference call.
Mary JoYour offers simply arent good enough. I will get you a counter offer from the client and advise.David
David S. Goldberg, Esq.Law Offices of Goldberg & Oriel***** Suite 209
Newton, MA 02459

I would sit tight for a little bit (a week maybe) and see what they come back with; I suspect the lawyer may not want you having any semi-direct contact with his client for fear his client might actually agree. Ethically an attorney is supposed to present any offer made to his client, but how they do it can either encourage or discourage accepting it. Hopefully, having to put together a counteroffer will make them think more about it, but you just never know.

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Customer reply replied 2 day ago
Hello Wendy.He answered me right away but I just read it, below is what he stated.I'm thinking I can pay $500.00 per month, which would be the amount left after all 3 of the apartments are rented and all the bills covered with that house, providing I don't need to do repairs along the way and everyone pays their rent as they should. It also allows me to sell the house if I want and just pay him from my work earnings. I'm just thinking here and appreciate your thoughts.If you do $5000 down what can you pay monthly going forward? That monthly amount will determine what our client would accept as a total settlement. Thanks/
Customer reply replied 2 day ago
I really feel like he needs to tell me what the difference in the settlement would be if I paid a certain amount per month.Also, I believe I can write this off on my taxes? That would be ideal because I would get most of it back and offer a lump sum every tax period. Also, I suspect I could go back at any time, if I were in the future, able to pay a lump sum for a lesser amount which is something I might be able to do in the next several months but don't want to elude to that with them now.

You are correct that you may be able to deduct from taxes as you pay any settlement. This article does a pretty good job summarizing that issue: http://smallbusiness.chron.com/deduct-settlements-related-business-75269.html

In terms of paying a lump sum in the future, that is a good thing to be thinking of down the road. In other words, if you work out a settlement for $5,000 now and say $500/month, but in a couple months have a large amount to offer to pay now rather than having him have to wait for years to get the same amount, he might take that. Just be sure whatever settlement agreement you get is ultimately put into writing and also any changes like this one about a lump sum is also put in writing so he doesn't try, even after such payment, to hold you to the original settlement.

I suspect he is not talking you really anything about how much they may reduce or change a settlement based on your monthly payment because they don't want to suggest something, have you say okay, and think they could have gotten a better deal from you. It's probably his way of try to figure out how much you really have/can pay.

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