Assisted Condominium Association In Collecting Fees

We were contacted by a Condominium Association to help collect unpaid condo fees. At the time, the condo unit owner had actually vacated the condo unit for several years; had not paid the mortgages for several years, and basically abandoned the condo unit. The Trustees asked our help in collecting six months unpaid condo fees (as is required by law) from the first mortgage holder (which also held a second mortgage). Although truth is sometimes stranger than fiction, some of you who may be reading this article may be skeptical about what we were able to do, but the facts are the facts. As a result of our knowledge and experience in dealing with mortgage lenders, and with the condo unit owner, we obtained the following results:
  1. the mortgage company, did not end up paying any condo fees. However what they did do is that they discharged both of their mortgages which were in total about $150,000.00 and received nothing in return.
 2. as a result the condo became “mortgage free”.
 3. the condo owner who owed thousands of dollars for back condo fees and expenses, deeded his interest in the condo to the Condo Association for a token payment, and then the Association in turn sold the condo.
Result: The Condo Association received a “windfall” of substantially more money than they ever expected to collect when they retained our services. We consider that to be a “job well done”.

Condo Association Collects From Lender

This legal matter involved a Condo Association that asked us for assistance in collecting condo fees from the lender that held a mortgage on a condo. Under Massachusetts law, a lender can be held responsible to pay up to six months of condo fees if the condo owner does not pay. In any event, once we got involved, not only were we able to get the lender to agree to discharge two mortgages for “zero” payment, but we were also able to obtain the condo owner’s agreement to transfer his interest in the condo to the Condo Assn for a nominal payment. The Condo Assn then sold the condo and deposited several thousands of dollars into its account, a totally unexpected result that they never dreamed of.

Result: Discharge two mortgages and transfer interest in the condo to the condo association.

Lender Forgives Debt on Foreclosed Home

A client came to us whose house had been foreclosed on. In fact the lender had recorded the deed to itself. In most instances any lawyer looking at the facts would tell the client, “sorry, there is nothing we can do. You came to us too late”. However, rather than send the client away, we took a close look at what happened and how the lender had handled things. In this particular situation, there had been fire damage to the client’s house, and rather than have the proceeds from the fire loss go to the client (the homeowner), the lender took the money. We filed suit against the lender and settled out of Court by having the lender deed the house back to the client and forgive the balance due on the mortgage. We doubt very much if there are many other lawyers who have ever been successful in getting a lender to deed a foreclosed home back to the homeowner and basically wipe out the mortgage.

Result: Settled out of court. Lender deed the property back to client.

Fraud uncovered during the midst of a collection matter

Our collection attorneys handled a matter for a major plumbing distributor in New England. The debtor provided freight service shipping for the client and was to receive a percentage commission for handling the shipping logistics. The debtor was fired by our client after providing sub standard service for a period of time. At the time our client was owed over $10,000. We were hired to file suit. The debtor filed what we considered to be a bogus counterclaim indicating that the client had not paid him all commissions due. The counterclaim was seeking $80,000.

After exhaustive research through our discovery efforts, our office uncovered a pattern of what appeared to be fraudulent billings by the debtor in which he was overstating the freight charges and therefore in fact we believe that he had overbilled our client for commissions that were not due.

Result: As a result of our investigation, we located the former spouse of the debtor who provided us with sufficient information that resulted in the counterclaim being dismissed and our client being paid more than what we originally demanded.

Business Landlord Collects Past Rent

A client that owns commercial real estate in Framingham had a tenant that stopped paying its rent while still operating its business. Our client preferred to avoid litigation, so after much effort we were able to convince the tenant to pay the rent that was owed and to stop creating problems. We did this by using the skills that we have developed over the past many years. Not every claim needs to be resolved by litigation.

Result: Our client was paid up to date for all rent due.

Assisted Finance Company In Collecting Debt

A large Finance Company that finances equipment for certain kinds of businesses was not being paid by one of its clients. In fact the client attempted to sell the secured equipment to another business. We successfully filed suit against the debtor and stopped the transfer of any additional monies between the debtor and its buyer.

Result: Our client recouped the money that was not paid including the attorney’s fees and costs that it incurred by using our services.