Personal Property Foreclosure In Massachusetts

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State:
Multi-State
Control #:
US-00123
Format:
Word; 
Rich Text
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Description

The Contract for the Lease of Personal Property in Massachusetts outlines the essential terms and conditions between the Lessor and Lessee regarding the leasing of personal property. This form includes key features such as the description of the leased property, term of the lease, repair responsibilities, and conditions for assignment and subleasing. It clearly states that the Lessee is responsible for all necessary repairs, and if failed, the Lessor may make repairs at the Lessee's expense. This agreement stipulates the importance of written consent for assigning or subletting the lease, alongside indemnity clauses protecting the Lessor from liabilities arising from the Lessee's use. Importantly, it emphasizes a professional relationship of Lessor and Lessee without implying any partnership or agency. Legal professionals, including attorneys, paralegals, and legal assistants, can utilize this form when drafting lease agreements, ensuring compliance with Massachusetts laws, and protecting their clients' interests. The straightforward structure and the outlined legal obligations make it easier for users with various levels of legal experience to understand and execute the terms correctly.
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FAQ

Article 9 of the UCC describes the process by which a lender may foreclose on personal property collateral following an event of default. Under Article 9, following a default, a lender may sell, lease, license, or otherwise dispose of any or all the collateral covered by the security agreement.

In California, the previous owner has a time window of 60 days post-foreclosure sale to clear their belongings from the property. If this timeline elapses without the removal of their belongings, the new owner has the right to dispose of them as they see fit.

In New Mexico, foreclosures are usually judicial in nature. New Mexico's nonjudicial (out-of-court) procedure is rarely used. A judicial foreclosure begins when the bank files a lawsuit with the court and serves it on the borrower. If the borrower fails to respond, the lender will most likely win automatically.

In Massachusetts, property becomes "unclaimed" when the owner can't be contacted for a 3-year period.

Pursuant to the new law, a lender can opt to send a 90-day notice instead of a 150-day notice if it can certify that it has engaged in a good faith effort to negotiate a commercially reasonable alternative to foreclosure.

In California, the previous owner has a time window of 60 days post-foreclosure sale to clear their belongings from the property. If this timeline elapses without the removal of their belongings, the new owner has the right to dispose of them as they see fit.

Personal property can be broken down into two categories: chattels and intangibles. Chattels refers to all type of property. Often, individuals use it regarding the tangible property such as a purse or clothing. Some chattels are attached to land and can become a part of real property, which are known as fixtures.

How are excises calculated? Massachusetts levies an excise on each vehicle at the rate of $25 per $1,000 of valuation. City or town assessors can access information on a vehicle's value from a database of valuation figures.

CRA defines personal use property (PUP) as property you own primarily for personal enjoyment, this would include most personal or household items such as vehicles, furniture, boats, etc.

You must be 70 or older. For Clauses 41C and 41C½, the eligible age may be reduced to 65 or older, by vote of the legislative body of your city or town. You must own and occupy the property as your domicile.

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Personal Property Foreclosure In Massachusetts