What’s New at GSL

In Limbo with Incomplete Foreclosures?

IN LIMBO WITH INCOMPLETE FORECLOSURES

Is your association finding frustration when a lender begins a foreclosure proceeding on a unit and then seems to stop? Even worse than that, do you have units that are vacant because their owners have simply abandoned them, stopped paying the common fees and the common area and units suffer damage from burst pipes caused by lack of unit maintenance or heat?

Row of hands making notes

There is a potential remedy. The Consumer Financial Protection Board (CFPB) may be able to help. If the mortgage is held by Freddie Mac or Fannie Mae, they may be forced to take actions that will preserve the unit. If the mortgagee foreclosure hasn’t been completed, the lender may be fined. Of course, there is no guarantee this will work but it is another tool in your tool box.

If you are facing this challenge CAI has prepared a link for you to file the complaint. Simply Click here for additional background information and simple instructions to file a complaint with the Consumer Financial Protection Board (CFPB) or if you prefer we will be happy to assist you.

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Watch in Studio Video – Real Estate Radio Boston – Jan 23, 2016

  • Featured in the video are GSL Principals Frank Lombardi and Henry Goodman during their most recent WBZ Real Estate Radio Boston segment in which the two discuss drones and the challenges facing condominium associations with their recent proliferation. Drones, drones everywhere! This is a hot topic on Real Estate Radio Boston. On this show, Frank and Henry discuss the increasing concern associations have with drones. As the popular devices become more convenient and affordable, associations face increasing inquiry about policy, liability issues and acceptable uses from unit owners. GSL appears frequently as expert contributors on WBZ’s Real Estate Radio Boston with hosts Rick Scherer & Ali Alavi.Hear GSL’s point of view in this segment of Real Estate Radio Boston!
  • For information about our future airings, please stay tuned for updates via email, Facebook, and Twitter.

Thanks for Listening!

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Watch in Studio Video – GSL on Real Estate Radio Boston – 11-21-15

  • Featured in the video are GSL Principals Ellen Shapiro and Henry Goodman during their most recent WBZ Real Estate Radio Boston segment in which the two discuss the difficult role association board members take on when they “volunteer.” In this segment, Ellen and Henry will discuss some of the real problems board members deal with every day from fellow unit owners when trying to make decisions in the best interest of the association. Don’t miss this week’s discussion on the potential pitfalls condo associations and boards face with these complex and potentially costly issues.

    GSL appears frequently as expert contributors on WBZ’s Real Estate Radio Boston with hosts Rick Scherer & Ali Alavi.Hear GSL’s point of view in this segment of Real Estate Radio Boston!

  • For information about our future airings, please stay tuned for updates via email, Facebook, and Twitter.

Thanks for Listening!

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GSL Decision Alert!

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GSL Decision ALERT!

GSL Protects the Association’s Super Priority Lien in Rhode Island

The Rhode Island Supreme Court released its opinion today in the much anticipated case of Twenty Eleven, LLC vs. Botelho. The question before the Court was whether or not a condominium lien foreclosure sale on the association’s super priority lien, conducted pursuant to the Rhode Island Condominium Act, Section 36.1 et seq., extinguished a first mortgage on the unit, when the mortgagee failed to exercise the statutory right of redemption.

Goodman, Shapiro, & Lombardi, LLC represented the Plaintiff, Twenty Eleven LLC, who purchased the condominium unit at the association’s foreclosure sale of its super priority lien, which the mortgagee had failed to pay prior to foreclosure. After foreclosure, the mortgagee also failed to redeem the unit after sale and the condominium association gave a foreclosure deed to Plaintiff. In so doing, Goodman, Shapiro & Lombardi, LLC was hoping to protect the “Super Lien” enjoyed by Associations. We were successful!

The facts of the case are briefly stated as follows. After the foreclosure sale, the mortgagee attempted to foreclose on the unit. GSL filed a complaint to quiet title in Superior Court, arguing that the mortgage was extinguished by virtue of the foreclosure of the association’s super priority lien, and that the mortgagee had failed to redeem the unit. The Superior Court dismissed the complaint and held that the super priority lien was not a true priority lien capable of extinguishing a first mortgage, and that the Plaintiff did not hold title free and clear of the mortgage. GSL Attorneys Frank A. Lombardi and Mary-Joy Howes appealed the case to the Rhode Island Supreme Court.

Marking a huge victory for condominium associations in Rhode Island, the opinion, released today, reversed the Superior Court decision. The Rhode Island Supreme Court held, “[A]t best, the right of redemption creates a conditional foreclosure: foreclosure of the super-priority lien extinguishes the first mortgage (and any other junior liens on the unit) unless the first mortgage redeems within the statutory period. Here, defendant did not redeem and, as such, relinquished its last chance to save its security interest in the property.”

This victory follows the recent decisions in Nevada and the District of Columbia, (in which members of Goodman, Shapiro & Lombardi, LLC also filed successful Amicus Curiae (friend of the Court) briefs which have also held that the association’s lien is a true priority lien that is capable of extinguishing a first mortgage by foreclosure.

If you have questions please direct them to Frank Lombardi at lombardi@goshlaw.com, Ellen Shapiro at shapiro@goshlaw.com, Henry Goodman at goodman@goshlaw.com or Mary-Joy Howes at howes@goshlaw.com.

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GSL is Offering Discounts to the CAI-NE Expo

 

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GSL will once again be attending the Community Associations Institute New England Chapter Condo Conference & Expo on Saturday, October 24th.  Come visit with GSL attorneys at Booth #8 located at the entrance to the exhibit hall.  GSL is also offering discounted admission to the event for our loyal clients and friends of the firm.

Click Here for 50% off Admission When Pre-Registering

Condo Conference & Expo
October 24 2015 – 8:00 am – 2:00 pm 
Marriott Hotel – Burlington, MA

Conference Agenda

8:00 am – 9:30 am Appreciation Breakfast for Community Association Volunteer Leaders*
A TICKETED EVENT OPEN ONLY TO BOARD MEMBERS
*Included with registration fee

9:30 am – 2:00 pm – Exhibit Hall/Consultants Open for Attendees

11:00 am – Noon – Insurance Claims and Liability: When, How and Who

11:30 am – 1:00 pm – Recognition Lunch for Community Association Managers*
A TICKETED EVENT OPEN ONLY TO ASSOCIATION MANAGERS
*Included with registration fee

Noon – 1:30 pm – Lunch with Exhibitors*
*Included with registration fee

1:30 pm – 2:00 pm – Door Prize Drawings in Exhibit Hall

2:00 pm – 3:00 pm – Associations and the Law

2:00 pm – 3:00 pm – Self-Managed and Small Association Challenges

3:00 pm – 5:00 pm – ELN Post Conference Reception

 

 

Approved for 5 hours continuing education for CMCA and AMS

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Watch in Studio Video – GSL on Real Estate Radio Boston – 7-25-15

  • Featured in the video are GSL Principals Ellen Shapiro and Frank Lombardi during their most recent WBZ Real Estate Radio Boston segment in which the two discuss “condominium boards, the increasing challenges of AirBnB, and medical marijuana!” In this segment, Frank and Ellen explore the conflicts association board members often have amongst themselves, the urban growth of AirBnB and how associations are dealing with the issue and the growing challenge of medical marijuana. Hear GSL’s point of view in this segment of Real Estate Radio Boston!
  • For information about our future airings, please stay tuned for updates via email, Facebook, and Twitter.

Thanks for Listening! 

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A GSL Reminder to Honor Fallen Heroes!

AmericanFlagHalfMastA GSL Reminder to Honor Fallen Heroes!

In Our Continuing Effort to Bring Relevant, Timely News to Our Friends and Clients

Just signed by President Barak Obama today…

HALF STAFF NOTICE

“Our thoughts and prayers as a Nation are with the service members killed last week in Chattanooga. We honor their service. We offer our gratitude to the police officers and first responders who stopped the rampage and saved lives. We draw strength from yet another American community that has come together with an unmistakable message to those who would try and do us harm: We do not give in to fear. You cannot divide us. And you will not change our way of life.

We ask God to watch over the fallen, the families, and their communities. As a mark of respect for the victims of the senseless acts of violence perpetrated on July 16, 2015, in Chattanooga, Tennessee, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America:

I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, July 25, 2015.

I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of July, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.

BARACK OBAMA

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Fannie Mae Releases New App for Home Buyers and Owners

HOME Logo

Fannie Mae has launched a new mobile app which helps educate future homeowners about purchasing and owning a home. HOME by Fannie Mae™ helps buyers and owners prepare financially, estimate affordability, learn about the home buying process, maintain their home, and understand potential savings on future mortgage payments. Features include an interactive dashboard and checklist to track user progress, financial calculators, a HUD-approved housing counseling agency “locator tool”, helpful articles, videos, and much more.

The app is part of Fannie Mae’s ongoing efforts to support lender partners and expand access to mortgage credit, by providing educational tools that help reduce barriers to homeownership. To learn more and for download instructions on your Android or Apple mobile devices today!

Click Here to Download the HOME App!

Thanks to Clifford J. Treese of Association Data, Inc. for bringing this valuable tool to our attention.

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GSL’s Lombardi Named Fellow in College of Community Association Lawyers

GSL’s Lombardi Named Fellow in College of Community Association Lawyers

Lincoln, RI (PRWEB) March 04, 2015

Frank A. Lombardi, Esq. received the only fellowship bestowed on a New England attorney this year by the College of Community Association Lawyers (CCAL). He is one of 11 given the honor nationally and is the managing partner in the Rhode Island office for the law firm of Goodman, Shapiro and Lombardi, which practices condo law in MA, RI and NH.

Henry A Goodman, who was elected to the CCAL Board of Governors last year, co-founded the GSL firm in 1998. He was on hand to welcome Lombardi into the college during swearing-in ceremonies held the end of January in San Francisco.

CCAL was established in 1993, by the Community Associations Institute to recognize excellence in community association law, which includes over 300,000 condominiums and homeowner associations throughout the country. Of the thousands of attorneys practicing condominium law in the United States, only 140 have been granted prestigious membership in the College.

CCAL attorneys distinguish themselves through contributions to the development of community association law. Their service is demonstrated by a commitment to educate and empower condo and HOA boards and residents.

CCAL provides a forum for the exchange of information among experienced legal professionals. Its goals include promoting high standards of professional and ethical responsibility, improving and advancing community association law and facilitating the development of educational materials and programming on relevant legal issues.

Atty. Lombardi has practiced for more than 30 years in community association law, civil litigation, transactional law, and real property and probate law. In Rhode Island he is considered an expert on community association law and has served as a former court-appointed receiver for condominium associations. Lombardi helped in the passage of Rhode Island’s super lien law and won a significant case in the state’s Supreme Court IN REGARD TO DEVELOPMENT RIGHTS In 2014, He served as President of CAI-New England and is a member of its Board of Directors. In addition, he is Co-Chairman of CAI-Rhode Island’s Legislative Action Committee and is a member of its Regional Committee.

Atty. Goodman is a member of the Massachusetts federal and state bars, and the Rhode Island and Florida bars. He was involved in the initial drafting of the Massachusetts “Super Lien,” and is considered to be the first attorney in Massachusetts to concentrate in the representation of condominium associations. He is counsel to hundreds of condominium associations.

About Goodman, Shapiro & Lombardi, LLC:
The law firm of Goodman, Shapiro & Lombardi, LLC (GSL) is regarded as an industry leader in condominium law. The firm has offices in Dedham, MA and Lincoln, RI, and is licensed in both states, plus New Hampshire and Florida. The website can be found at http://www.goshlaw.com. GSL provides comprehensive legal assistance to hundreds of associations, businesses, and individuals and while its primary focus is in real estate, other legal services include civil litigation, domestic disputes, corporate law, estate planning and administration.

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Watch in Studio Video – GSL on Real Estate Radio Boston – Jan 24, 2015

  • Featured in the video are GSL Principals Ellen Shapiro and Henry Goodman during their most recent WBZ Real Estate Radio Boston segment in which the two discuss “Who do condominium boards protect, unit owners or the association’s property?” In this segment, Henry and Ellen explore the often misunderstood role of the association board member and their accountability to protect and repair property, not the unit owner. Hear why in this segment of Real Estate Radio Boston!
  • For information about our future airings, please stay tuned for updates via email, Facebook, and Twitter.

Thanks for Listening! 

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