Commercial Real Estate Practice in Massachusetts

Gain a deeper understanding of net worth

Product Number: 2235602WFM
Publication Date: 7/7/2023
Edition: 2nd Edition 2023
Copyright: © 2023 MCLE, Inc.
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Commercial Real Estate Practice in Massachusetts

Gain a deeper understanding of net worth

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Notice to Tenants of Sale Exhibit 10P from Commercial Real Estate Practice in Massachusetts $35.00; Members $31.50; New Lawyers $17.50 Free for OnlinePass subscribers.

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Product Description
Product Description

An expertly-written resource that helps you take strategic action when faced with issues relative to net worth in the division of marital assets. Topics include sources of income, indebtedness, how income is reported, valuation of businesses, disposition of life and health insurance, and division of retirement assets, allocation of trust interests, as well as post-divorce planning issues, including financing college educations. Tax considerations are threaded through the content, to help the reader to gain a sophisticated and nuanced understanding of the money divide in divorce planning.

Recent updates:
- Update: May 2023
  Dear Subscriber:
  
  MCLE's publications staff and its dedicated volunteers are pleased to present to you this 2023 edition of Financial Aspects of Divorce in Massachusetts . Inside, you will find insightful commentary, updated decisions, and practice tips to guide you through the financial complexities inherent in divorce litigation, including topics like these:
  - Temporary relief. Chapter 2 discusses a strategy for timing a request for temporary orders in light of both the longevity of temporary orders and litigants' general reluctance to alter support amounts retroactively when negotiating a settlement.
  - Cavanagh case. Chapter 2 also discusses the impact of the decision in Cavanagh v. Cavanagh, 490 Mass. 398, 423-25 (2022), with regard to what constitutes "income" for purposes of calculating child support.
  - Contribution; length of the marriage. See chapter 8 for a discussion of a 2022 case in which a spouse appealed from a judgment dividing the marital estate on a roughly equal basis, arguing that he was entitled to a greater share because of his parents' contributions to the marital estate.
  - Life insurance. Life insurance. Chapter 7 contains updates on changes in the specific terms of term life insurance, whole life insurance policies, and related products.
  - Vaughan affidavit. Chapter 8 cites a case where the seeking of a Vaughan affidavit or, in the alternative, a conversation with the client's benefactors, is warranted, as in the case where the trustee has a duty to inform only a qualified beneficiary as to the existence of a trust.
  - Buy-out; home equity conversion mortgage. In chapter 10, some hypotheticals are offered to explain how one spouse can buy out the other's interest in the marital home where a home equity conversion mortgage is present.
  We at MCLE trust that you will find this new information and updated content valuable in your divorce practice, and useful in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Zoning and Subdivision Laws Applicable to Commercial Real Estate Projects
Buy Chapter
Elisabeth C. Goodman, Esq., Donovan O'Connor & Dodig LLP

Checklist 1.1
- Zoning Checklist Buy Form

Checklist 1.2
- Subdivision Checklist Buy Form

Chapter 2 expand

Due Diligence
Buy Chapter
Dan Lasman, Esq., Goulston & Storrs, PC
Yareni Sanchez, Esq., Goulston & Storrs, PC
Philip E. Tedesco, Esq., Goulston & Storrs, PC

Checklist 2.1
- Due Diligence Checklist Buy Form

Chapter 3 expand

Title Insurance Basics
Buy Chapter
Lynne Murphy Breen, Esq., First American Title

Exhibit 3A
- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3AA
- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 3B
- Owner’s Policy of Title Insurance Buy Form

Exhibit 3BB
- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 3C
- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3CC
- ALTA 19 Series Endorsements Buy Form

Exhibit 3D
- Loan Policy of Title Insurance Buy Form

Exhibit 3DD
- ALTA 3 Series Endorsements Buy Form

Exhibit 3E
- Schedules A and B for Owners and Lenders Buy Form

Exhibit 3EE
- ALTA 17 Series Endorsements Buy Form

Exhibit 3F
- Property Description Sheet Buy Form

Exhibit 3FF
- ALTA 9 Series Endorsements Buy Form

Exhibit 3G
- Secondary Mortgage Market Endorsement Buy Form

Exhibit 3GG
- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 3H
- ALTA Endorsement Form 9 Buy Form

Exhibit 3I
- ALTA Endorsement Form 8.1 Buy Form

Exhibit 3J
- ALTA Endorsement Form 7 Buy Form

Exhibit 3K
- ALTA Endorsement Form 6 Buy Form

Exhibit 3L
- ALTA Endorsement Form 6.2 Buy Form

Exhibit 3M
- ALTA Endorsement Form 5 Buy Form

Exhibit 3N
- ALTA Endorsement Form 4.1 Buy Form

Exhibit 3O
- Master Endorsement Buy Form

Exhibit 3P
- “Date Down” Endorsement Buy Form

Exhibit 3Q
- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 3R
- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 3S
- Survey Affidavit Buy Form

Exhibit 3T
- Surveyor’s Report Form Buy Form

Exhibit 3U
- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 3V
- Summary of Castle Enhanced Coverage Policies for One-to-Four-Family Residences Buy Form

Exhibit 3W
- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 3X
- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 3Y
- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 3Z
- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Chapter 4 expand

Transactions Involving Solar Facilities
Buy Chapter
Bethany A. Bartlett, Esq., Kearsarge Energy LP
Beth A. Goldstein, Esq., Sherin and Lodgen LLP

Exhibit 4A
- Contracts for Energy and Energy-Related Services Chapter 30B Compliance Form Buy Form

Exhibit 4B
- Sample Form SNDA Between Fee Lender and Solar Tenant Buy Form

Chapter 5 expand

Hospitality
Buy Chapter
Joshua M. Alper, Esq., Sherin and Lodgen LLP

Checklist 5.1
- Considerations for Asset Purchase Transfer of a Hotel Buy Form

Checklist 5.2
- Sellers’ Common Representations and Warranties in Hotel Sales Transactions Buy Form

Checklist 5.3
- Representing a Buyer of Commercial Real Estate Seeking Transfer of a Liquor License Buy Form

Exhibit 5A
- Sample Due Diligence Checklist Buy Form

Chapter 6 expand

Hazardous Materials
Buy Chapter
Ronald W. Ruth, Esq., Sherin and Lodgen LLP

Exhibit 6A
- Access Agreement Buy Form

Chapter 7 expand

Financing of Commercial Real Estate Transactions
Buy Chapter
Ian T. Lane, Esq., Sherin and Lodgen LLP

Exhibit 7A
- Commitment Letter Buy Form

Exhibit 7B
- Closing Agenda Buy Form

Exhibit 7C
- Commercial Loan Agreement Buy Form

Exhibit 7D
- Term Promissory Note Buy Form

Exhibit 7E
- Unlimited Guaranty Buy Form

Exhibit 7F
- Mortgage Agreement Buy Form

Exhibit 7G
- Assignment of Rents and Leases Buy Form

Exhibit 7H
- Assignment of Agreements, Permits, and Rights Buy Form

Exhibit 7I
- Hazardous Materials Indemnification Buy Form

Exhibit 7J
- Contractor’s Partial Waiver and Subordination of Lien Buy Form

Exhibit 7K
- Collateral Assignment of Construction Contract Buy Form

Exhibit 7L
- Collateral Assignment of Architect’s Contract Buy Form

Exhibit 7M
- Guaranty of Completion of Improvements Buy Form

Exhibit 7N
- Construction Loan Agreement Buy Form

Exhibit 7O
- Title Insurance Requirements Checklist Buy Form

Exhibit 7P
- Survey Requirements and Form of Surveyor’s Certificate Buy Form

Exhibit 7Q
- Requirements for Insurance Certificates Buy Form

Exhibit 7R
- Disbursement Authorization Letter Buy Form

Exhibit 7S
- Closing Letter Buy Form

Chapter 8 expand

Other Purchase Rights
Buy Chapter
Peter Friedenberg, Esq.,

Exhibit 8A
- Option Agreement Buy Form

Exhibit 8B
- Notice of Option Agreement Buy Form

Exhibit 8C
- Agreement of First Refusal (Short Form) Buy Form

Exhibit 8D
- Agreement of First Refusal (Long Form) Buy Form

Exhibit 8E
- Notice of Agreement of First Refusal Buy Form

Exhibit 8F
- Agreement of First Offer (Short Form) Buy Form

Exhibit 8G
- Agreement of First Offer (Long Form) Buy Form

Exhibit 8H
- Notice of Agreement of First Offer Buy Form

Exhibit 8I
- Article X: Option to Purchase (Lease Clause) Buy Form

Exhibit 8J
- Article Y: Right of First Refusal to Purchase (Lease Clause) Buy Form

Exhibit 8K
- Article Z: Right of First Offer to Purchase (Lease Clause) Buy Form

Chapter 9 expand

Drafting Purchase and Sale Agreements
Buy Chapter
Teresa A. Belmonte, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Checklist 9.1
- Checklist of Items Deliverable by Seller at a Commercial Real Estate Closing Buy Form

Checklist 9.2
- Checklist of Items Deliverable by Buyer at a Commercial Real Estate Closing Buy Form

Exhibit 9A
- Purchase and Sale Agreement Buy Form

Chapter 10 expand

The Closing
Buy Chapter
Mark B. Elefante, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Exhibit 10A
- Closing Agenda Buy Form

Exhibit 10B
- Gap Indemnity Buy Form

Exhibit 10C
- ALTA Settlement Statement—Combined Buy Form

Exhibit 10D
- ALTA Settlement Statement—Cash Buy Form

Exhibit 10E
- Complex Settlement Statement Buy Form

Exhibit 10F
- Escrow Letter to Title Company or Agent Buy Form

Exhibit 10G
- Preclosing Escrow Agreement Buy Form

Exhibit 10H
- Postclosing Escrow Agreement Buy Form

Exhibit 10I
- Clerk’s Certificate Buy Form

Exhibit 10J
- Trustee’s Certificate for a Nominee Trust Buy Form

Exhibit 10K
- Trustee’s Certificate Under G.L. c. 184, § 35 Buy Form

Exhibit 10L
- Deed Buy Form

Exhibit 10M
- Assignment and Assumption of Leases Buy Form

Exhibit 10N
- Bill of Sale and General Assignment Buy Form

Exhibit 10O
- Assignment and Assumption of Contracts Buy Form

Exhibit 10P
- Notice to Tenants of Sale Buy Form

Exhibit 10Q
- Real Estate Tax Allocation Agreement Buy Form

Exhibit 10R
- Title Insurance Affidavit Buy Form

Exhibit 10S
- Nonforeign Certification Buy Form

Exhibit 10T
- Form 1099-S Buy Form
Editors & Authors

Editor(s)

Joshua M. Alper, Esq., Sherin and Lodgen LLP, Boston

Author(s)

Joshua M. Alper, Esq., Sherin and Lodgen LLP, Boston

Bethany A. Bartlett, Esq., Kearsarge Energy LP, Brighton

Teresa A. Belmonte, Esq., Hemenway & Barnes LLP, Boston

Mark B. Elefante, Esq., Hemenway & Barnes LLP, Boston

Peter Friedenberg, Esq., Needham

Beth A. Goldstein, Esq., Sherin and Lodgen LLP, Boston

Elisabeth C. Goodman, Esq., Donovan O'Connor & Dodig LLP, North Adams

Ian T. Lane, Esq., Sherin and Lodgen LLP, Boston

Dan Lasman, Esq., Goulston & Storrs, PC, Boston

Steven L. Mangold, Esq., Hemenway & Barnes LLP, Boston

Lynne Murphy Breen, Esq., First American Title, Boston

Ronald W. Ruth, Esq., Sherin and Lodgen LLP, Boston

Yareni Sanchez, Esq., Goulston & Storrs, PC, Boston

Philip E. Tedesco, Esq., Goulston & Storrs, PC, Boston

TOP

Commercial Real Estate Practice in Massachusetts

Gain a deeper understanding of net worth

Commercial Real Estate Practice in Massachusetts

Gain a deeper understanding of net worth

Your Selection:

Product Description

Recent updates:

Table of Contents

Zoning and Subdivision Laws Applicable to Commercial Real Estate Projects

Checklist 1.1

Checklist 1.2

Due Diligence

Checklist 2.1

Title Insurance Basics

Exhibit 3A

Exhibit 3AA

Exhibit 3B

Exhibit 3BB

Exhibit 3C

Exhibit 3CC

Exhibit 3D

Exhibit 3DD

Exhibit 3E

Exhibit 3EE

Exhibit 3F

Exhibit 3FF

Exhibit 3G

Exhibit 3GG

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Exhibit 3N

Exhibit 3O

Exhibit 3P

Exhibit 3Q

Exhibit 3R

Exhibit 3S

Exhibit 3T

Exhibit 3U

Exhibit 3V

Exhibit 3W

Exhibit 3X

Exhibit 3Y

Exhibit 3Z

Transactions Involving Solar Facilities

Exhibit 4A

Exhibit 4B

Hospitality

Checklist 5.1

Checklist 5.2

Checklist 5.3

Exhibit 5A

Hazardous Materials

Exhibit 6A

Financing of Commercial Real Estate Transactions

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Exhibit 7J

Exhibit 7K

Exhibit 7L

Exhibit 7M

Exhibit 7N

Exhibit 7O

Exhibit 7P

Exhibit 7Q

Exhibit 7R

Exhibit 7S

Other Purchase Rights

Exhibit 8A

Exhibit 8B