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Owner's title insurance provides protection against your title to the property purchased in the event a title defect or lien is discovered or someone sues you and says they have a claim against the home before your purchased it. Massachusetts law requires up to 50-year searches into the title for real property purchases. The title examiners conducting these title examinations are humans and errors do occur. If anything, that affects your title such as a lien from a previous owner is missed during the examination and you have no owners title insurance, you will be left with costly litigation to fix the title if at all possible. And it may prevent you from being able to sell if you cannot cure the defect because nobody wants to buy a bad title. Although there is no law that requires you to purchase title insurance, title insurance is a one-time payment that protects your title as long as you own your property and is therefore, worth every penny-usually a super small fraction of what your home is worth. As a result of how important it is, every bank requires any buyer who is financing their investment, to purchase a lender title policy to protect the banks interest in the loan and the buyer has to pay for it. The lender title policy only protects the lender and not the buyers title. That goes to tell you how important it is to have. As an attorney, with extensive experience in real estate conveyancing and from what I have seen over the years, I will not purchase a home or any real property without an owner’s title insurance policy. It is a very small price to pay for the benefit it provides on such a big investment.

The law does not require you to have an attorney representation in any immigration proceeding, but if your goal is aimed at success, then the advice, counsel and representation of an experienced immigration attorney is priceless. Immigration law is more than filling out forms and paying the necessary filing fees. Mistakes can be very costly, sometimes irreversible and can be fatal to the benefit sought. The key to success in any immigration proceeding is preparation, preparation, preparation. Knowing how to and what it takes to present a strong case, takes years of experience and therefore should not be taken lightly.

Any attorney chosen by the bank, represents the banks interest in the real estate transaction only even though you as the buyer is buying their fee. The best option for any buyer is to choose one attorney who can present your interest from the start of the transaction and conduct the closing for you and your bank. You have a right to pick your own attorney and since you are paying the fees, you are better off getting an attorney who will work for you as well as the bank. This is called a dual representation. Very few banks out there, especially credit unions will tell you that you cannot pick your own attorney. My advice will be to find another bank who cares about your interest enough to let you pick your own attorney. Afterall, you are paying the fees. As such, let your money work for you.

If you did not reaffirm your debt, then you will have no further obligation with regard to the first and second mortgages. But if you signed a new loan with the bank, you will be responsible under the new obligation. If he is not able to refinance, then a chapter 13 will allow him to make a payment arrangement while still keeping up with current payment. but if he has no job, he won’t qualify for a 13 and the bank may be forced to foreclose and if that is done, they may come after you both for the deficiency balance if you did not reaffirm the mortgage or enter into a new agreement, you will have nothing to worry about. He on the other hand, can get rid of any deficiency balance through a chapter 7. Speak to your attorney and get clarification on what you signed.

It is possible to discharge tax debts for federal income taxes in Chapter 7 bankruptcy if all of the following circumstances are true:

1. The taxes are income taxes
2. You filed a legitimate tax return in the two years prior to filing bankruptcy
3. The debt was assessed by the IRS at least 240 days before you file for bankruptcy
4. You did not commit tax fraud or willful evasion
5. Fraud penalties, can never be eliminated in bankruptcy.