- DivorceBennett & Forts, P.C. specializes in real estate conveyancing and mortgage lending services. We represent buyers, sellers, refinance borrowers and lenders in all of their real estate and mortgage transactions. We work closely with our clients, being responsive to changing circumstances and to difficult time requirements, to ensure that the needs of both our clients and their customers are met. As a result of our expertise and efficiency, we are able to provide these services at a competitive fee structure. We hope that this information is helpful in evaluating our qualifications to represent you in your next real estate or mortgage loan transaction.
- Child Custody and VisitationBennett & Forts, P.C. offers services to our clients in all aspects of domestic relations law, child custody, separation, support and alimony, and property division. Our attorneys are also able to provide divorce mediation under certain circumstances.
- Spousal Support
- Criminal DefenseOur firm specializes in Real Estate, Divorce, Estate Planning, Contracts, Corporations, Criminal Law and Personal Injury. We work closely with our clients to gain a thorough understanding of their objectives and to respond to changing circumstances and demanding time requirements.
- White Collar CrimesBennett & Forts, P.C. offers services defending clients in prosecutions for misdemeanors and felonies ranging from D.U.I.s to white collar crimes.
- Misdemeanors
- Corporate Law
- Business Disputes
- Business Transactions9. SMOKE DETECTOR AND CARBON MONOXIDE DETECTOR COMPLIANCE. We call your attention to the provisions of Massachusetts General Laws, Chapter 148, Section 26F, F 1/2 and 527 CMR 31.00, et. seq. You may be required to execute a certification at the closing that you have inspected the installation of the smoke and carbon monoxide detectors and are satisfied as to compliance with this law. You should contact the sellers and insure that they have obtained, and will bring with them, a current certification from the city or town fire department relative to the installation of smoke and carbon monoxide detectors. The foregoing may not apply in certain commercial transactions. If you are unsure of the applicability of this law, please check with your counsel or contact our office.
- Employment LitigationBennett & Forts, P.C. provides counsel to individuals and businesses involved in various industries throughout our region. We work with our clients to provide solutions and advice best suited for their individual situations at reasonable prices. From advising on the complex area of employment issues, to handling financing and real estate matters, to representation in merger, acquisitions, and sales of all types of businesses, our attorneys provide thoughtful and comprehensive advice.
- Real Estate Litigation
- Real Estate Transactions10. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED: This Federal Law places special requirements for tax reporting and withholding on the parties to a real estate transaction under certain circumstances as set forth in the law. You should seek the advice of your attorney or accountant concerning the effect of this Act on this transaction. You will be required to execute a copy of the enclosed certification under penalty of perjury at the closing. If you do not plan on attending the closing, please be sure that your attorney or agent delivers the fully completed and executed copy of the affidavit along with the deed. The closing attorney for the firm can not and will not provide information, advice or opinions regarding the Act’s applicability to you or to this transaction.
- Easement
- Land Use and Zoning
- Personal InjuryBennett & Forts, P.C. has a wide range of experience at the trial and appellate levels in both state and federal courts. Our attorneys provide comprehensive advice to all of our clients realizing that each has different needs. We have represented individuals and businesses as both plaintiffs and defendants. We work with our clients to provide a solution best suited for their situations. Our attorneys recognize the potential costs of litigation and pride themselves on providing excellent services at affordable prices and achieving cost-effective results. From sophisticated contractual disputes to malpractice and personal injury cases, our attorneys have experience in a diverse range of civil matters.
- Estate PlanningBennett & Forts, P.C. offers a full range of trust and estate services to our clients to preserve their wealth and to enable them to pass assets to their families and other beneficiaries in the most appropriate and tax-effective manner. Our attorneys provide thoughtful and comprehensive advice to a variety of clients from different backgrounds and with different needs.
- Wills
- Trusts
- Power of Attorney6. POWER OF ATTORNEY: If there is a power of attorney involved, please send our office a copy of the power of attorney document prior to the closing. The use of the power of attorney will have to be approved by our office and then the form and content thereof must be reviewed by our office. In any event, the deed transferring title from you to the Buyer must be signed by you in the original and notarized.
- Probate
- Bankruptcy
- ForeclosureIn many instances we are asked whether or not title insurance is necessary or advisable for the owner to purchase. We recommend the purchase of the title insurance for some very simple reasons. First, the premium for purchase of the title insurance policy is a one time charge. Since the purchaser is usually borrowing money to finance the purchase, the majority of the cost of the title insurance policy that the owner would receive has been paid through the premiums for the lender's policy which is required by the loan. Usually for a few hundred dollars or less the owner can insure against a variety of problems which could occur in the future. These items include forged documents in the chain of title, signatures of mentally incompetent persons or minors which are unknown to the party reviewing the title, mistakes or inaccuracies in recording of legal documents of title at the appropriate place or recording or registration of title, fraud in the execution or in the handling of the recording or indexing of recorded documents, undisclosed or missing heirs, fraud in the execution or in the handling of a transaction in the prior chain of title, invalid divorces or misrepresentation of marital status of the parties signing the documents, and most importantly clerical errors in the public records and claims of parties unknown because their claims have not been filed in any indices of public record. The enhanced policies such as First American’s Eagle Policy go well beyond these simple coverage and provide coverage for a host of issues that can affect property both prior to and after you purchase it. Even though the buyer may be asked to pay for the lender's title insurance protection, the lender's policy of title insurance does not protect the buyer and a claim can only be made if the lender suffers a financial loss because of a title defect that adversely affects a foreclosure of the buyer's mortgage. There have been many of defects in titles which could not be revealed by an examination of the public records. These defects usually arise at a time after the transaction has taken place and purchasers can suffer significant losses as a result of them. That is why owner's title insurance makes a great deal of sense.
- Tax LawTitle Examination - Includes the physical review of the title to your property in the Registries of Deeds and Probate, including bankruptcy and tax matters where available.