Richard Vetstein

[VIDEO] A Little More About Me…

by Rich Vetstein on September 22, 2011 · 0 comments

in Real Estate Marketing

Hey there. I recently had an opportunity to shoot a video about myself and my philosophy. I’d like to share it with you. I’m not the best in front of the camera, but I’m working on it. Video is quickly replacing the written word. Of course, as you know, writing and blogging is much more comfortable for me than being all “Hollywood.”

The video director asked me what makes me different than other real estate attorneys? Well first, I grew up around real estate, tagging along with my mom to open houses. She was a Realtor in the Metrowest Mass. area for 25 years. I did my homework at her realty office when MLS printed off a dot matrix printer. I knew what a “P&S” agreement was at age 8. Real estate is in my blood.

Second, I’m what I like to call “ultra-responsive.” Real estate is a 24/7 business, and the attorney who doesn’t get that, well, doesn’t get it. I’m available whenever my Realtors, loan officers and clients need me — via text, email, phone, fax, even Facebook and Twitter.

I love what I do. Everyday I get to help people buy, sell, finance and resolve disputes involving their real estate. It’s incredibly rewarding. One day I’ll help a young couple with a baby purchase their first home. Another day I’ll navigate a client through the complex Massachusetts court system. I also help folks start new businesses, counsel them on employment issues, and other legal stuff for small businesses like mine.

If you like this video and want one for yourself, shoot me an email. I’m very friendly with the gentleman who owns the video company.

Here is the YouTube link to the video.





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Post image for MCLE Real Estate Law Annual Conference On April 7th–Richard Vetstein To Speak About Real Estate Tech

MCLE (Massachusetts Continuing Legal Education) is holding their popular Real Estate Law Annual Conference on April 7, 2011, at 9:00AM at their offices located at 10 Winter Place, Boston, MA. You can also attend the conference virtually through their webcast on www.mcle.org.

I’m honored to be presenting at the conference on what else but – “Technology Update: Learn How To Leverage Cutting-Edge Technology To Streamline Your Practice.” Real estate tech experts, Jim Sifflard from First American Title, and George Warshaw, Esq. are presenting with me. There are also great sessions on Title Claims, Condominium Law, Ethical Issues and Environmental Concerns.

Hope to see you there!

For the conference brochure click here.





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I put together my first YouTube video, and thought a good topic would be the impact of the U.S. Bank v. Ibanez case on the foreclosure and REO market. The case underscores the necessity of obtaining an owner’s policy of title insurance for any REO transaction, and really any conventional transaction for that matter. Appreciate any feedback, good or bad. I’m no Ryan Seacrest obviously!





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Reporter Steven Altieri of the real estate trade journal Banker & Tradesman recently published an article on the Ibanez foreclosure case, Impending SJC Ibanez, Title Ruling May Invalidate Thousands Of Foreclosures, Why Real Estate Attorneys Expect The Worst, And What It Means To The Industry.

Since we’ve written about the case extensively here, Steve asked for my views about the impact of the case and recent matters I’ve handled with Ibanez title defects:

Framingham real estate attorney Richard Vetstein recently represented a family who had bought a house out of foreclosure about a year ago, then invested in excess of $100,000 in improvements to the property with the intention of selling it to their daughter. But before they could complete the sale, a title issue came up and put the transaction on hold.

In Vetstein’s client’s case, when the original owner was foreclosed upon, the mortgage company did not have a properly recorded assignment. To clear the title, Vetstein had to track down the original owner in Alabama, and persuade him to sign over the deed to the property.

“They can close now that the title issue is solved, but in a lot of cases that [is] not going to be able to be solved,” said Vetstein. “We were lucky, that’s what it came down to.”

Steve asked me how I would handicap the appeal of the case:

Vetstein, who has blogged on the Ibanez case at length, thinks the court might uphold the Ibanez decision.

“Given the current constitution of the court and their tendencies of recent years to be kind of moving towards some pro-consumer decisions, I wouldn’t be surprised if they upheld the land court probably by a slim margin,” Vetstein said. “And so for people who are stuck with an Ibanez issue, that is in essence the worst-case scenario.”

Indeed, it’s unlikely that a “pro-consumer” verdict upholding the Ibanez decision would actually help consumers on the whole. Home buyers or investors who thought they had gotten a good deal and a clean title on a foreclosed property will instead be saddled with hefty legal bills and an inability to sell their property.

Lastly, Steve asked if the Ibanez ruling has created an business development opportunties for real estate attorneys:

“I don’t know of any real estate attorney using Ibanez as a business development opportunity, mainly because solving these title defects, if at all, is incredibly difficult and in some cases impossible,” Vetstein said. “It’s a ‘lose-lose’ in many situations.”

One aspect of the case could potentially provide plenty of work for attorneys. Should the SJC uphold the Ibanez decision, Vetstein reasons that there will be many claims against the foreclosing lenders and the foreclosure attorney, for failing to convey good title.

“There will also be claims for rescission of these transactions,” he added. “There is a class action against lenders and foreclosing attorneys which could encompass many millions in potential damages.”

Banker & Tradesman is a great publication. If you don’t want a paid subscription, you can follow them on Twitter and Facebook.





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Post image for Recent Flooding Impacts Spring Sales Season And Raises Thorny Disclosure And Inspection Issues

While folks here in Massachusetts are finally drying out from the Big Flood of 2010, it’s clear that it has negatively impacted the spring real estate market, and will have repercussions for years ahead for buyers and sellers of affected properties.

Impact On The Market

As recently reported in the Boston Globe, realtors around the state have said the flooding caused canceled and delayed closings, final walk-throughs under inches of standing basement water, and postponements of listing homes for sale. Also, lenders are requiring re-inspections and second appraisals to ensure that homes haven’t lost significant value due to the flooding. This is unfortunate as we’re in the middle of the usual busy spring sales season, made even busier by the soon-to-expire $8,000 first time home buyer credit. (Hey President Obama, how about extending the credit for Massachusetts like you did for the tax filing deadline!).

Disclosure Dilemma

Sellers who’ve been affected by the flooding are asking themselves and their realtors how they should handle the inevitable question from buyers: did your basement flood? Under Massachusetts disclosure law, while sellers are under no obligation to volunteer information, they must answer truthfully to any question posed directly by buyers regarding the condition of their property. Real estate agents are held to a higher standard. They must affirmatively disclose any fact that may have a material impact on whether the buyer would purchase the property. You better bet that whether a home experienced water penetration is “material.”

So, realtors and sellers would be wise to come clean if a home was affected by the recent flooding. The key is how to present the flood damage in the best possible light. Which brings me to the next topic…

Get It Fixed, And Done Right

How did you repair the water damage, and are you taking any steps to prevent it from happening again? Tough questions, because this was a 50 or even 100 year storm event. A flooded basement two weeks ago may never get a drop of water again.

Regardless of whether you are now going to invest in a perimeter drain/sump pump system, homeowners should hire licensed contractors who will pull permits to repair all flood damage. Having it done right will prevent even greater headaches later in the form of mold, dry rot and the like. As my friend general contractor George Lonergan of Lonergan Construction points out, pulling permits gives  sellers the ability to show buyers that flood damage has been repaired correctly by licensed and qualified contractors with sign offs from the local building inspector.

Lastly, I want to point out to buyers that they shouldn’t simply walk away from a home which experienced flooding or has a sump pump system. Many properties in river watershed communities like Wayland, Sudbury, and Natick for example have historically been subject to flooding and wet basements. Seeing a well run and working dry basement system/sump pump/french drain is a good sign actually. What you don’t want is what looks like a dry basement which later floods and then requires a sump pump system later on.





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Post image for Richard Vetstein Quoted In Boston Globe Article About Recent Developers’ Rights Case

Boston Globe reporter Jenifer McKim read my blog post, Four Toed Salamanders And SLAPP Suits, and decided that it would be a great topic to write about. Her superb article, How A Salamander Raised A Rights Issue, was published today, and I was fortunate enough to be quoted:

Richard Vetstein, a Framingham real estate lawyer, said the decision was a victory for developers in a state that has an especially tough permitting process.

“Whether it is zoning, whether it is wetlands, you name it, vernal pools, you can invoke some pretty serious regulation and have a property get bogged down pretty quickly,’’ said Vetstein, who wrote about the salamander case on his Massachusetts Real Estate Law blog.

The case is very interesting, pitting free speech rights against developers’ rights to build.





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We Cracked The Top 100!

by Rich Vetstein 03.12.2010 Blogging
Thumbnail image for We Cracked The Top 100!

As reported through PR NewsWire, the Massachusetts Real Estate Law Blog is now ranked #95 of all legal blogs according to Avvo.com and Alexa rankings! As far as I can tell, this puts us Numero Uno in Massachusetts for all substantive legal blogs focusing on Mass. law. Much thanks to all of you — our [...]

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Update: Jury Sides With Realtor Over Second-Hand Smoking Disclosure Case

by Rich Vetstein 02.17.2010 Condominium Law
Thumbnail image for Update: Jury Sides With Realtor Over Second-Hand Smoking Disclosure Case

In the recent and well publicized case of the disgruntled condominium buyer suing her realtor over the disclosure of second-hand smoke, the jury today sided with the realtor. The Boston Globe reports today that the jury took less than an hour to deliberate whether a realtor was liable for allegedly not disclosing to a condominium [...]

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Massachusetts Lead Paint Law Advisory: Family Unfriendly Policies Can Get Landlords Into Big Trouble

by Rich Vetstein 02.16.2010 Condominium Law
Thumbnail image for Massachusetts Lead Paint Law Advisory: Family Unfriendly Policies Can Get Landlords Into Big Trouble

Breaking News (8/10/10): Two Local Real Estate Firms Fined By Mass. Attorney General For Lead Paint Housing Discrimination My Boston.com fellow blogger, buyer’s agent Rona Fischman, has fielded several questions recently regarding the Massachusetts Lead Paint Law. Prospective renters have called apartment listings only to be hung up on abruptly with a “It’s not deleaded!” [...]

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RESPA Fallout: Lenders Combat Deficiencies With New Good Faith Estimate Through “Loan Worksheets”

by Rich Vetstein 01.20.2010 HUD

The Los Angeles Times and other media outlets are claiming that lenders’ use of loan cost worksheets and estimates are a “sidestep” of the new RESPA mandated Good Faith Estimate which went into effect on January 1. HUD officials say they plan to conduct a review of the growing use of “worksheets” and “fee estimate” [...]

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In Search Of A “Good Faith Accurate,” Not Just A Good Faith Estimate: A Senior Loan Officer’s Review Of The New 2010 RESPA Rules

by Rich Vetstein 01.06.2010 Closings

I’m pleased to welcome another guest blogger, David M. Gaffin, a licensed Loan Officer with Greenpark Mortgage Corp. of Needham MA. Dave is licensed to originate in MA, NH and FL. You can visit him at Greenpark Mortgage or through his LinkedIn profile. The new 2010 RESPA rules are all the rage right now. So [...]

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New RESPA Rules 2010: Disclosure of Settlement Services, Closing Attorneys’ Fees, And Title Insurance

by Rich Vetstein 01.03.2010 Closings
Thumbnail image for New RESPA Rules 2010: Disclosure of Settlement Services, Closing Attorneys’ Fees, And Title Insurance

In this post, I’ll discuss a very important issue to lenders, closing attorneys and borrowers alike: how the new RESPA rules handle the disclosure of closing attorney fees/costs and title insurance. The new RESPA rules significantly change the way lenders must disclose settlement services, in particular closing attorneys’ fees, and title insurance. Generally, under the [...]

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RESPA Webinar Available: New GFE and HUD-1 Settlement Statement Guidance

by Rich Vetstein 12.21.2009 RESPA
Thumbnail image for RESPA Webinar Available: New GFE and HUD-1 Settlement Statement Guidance

I received a link to a pretty good webinar on the new HUD RESPA rules. HUD’s Assistant Secretary for Residential Homes, Vicki Bott, participated in it along with mortgage industry veterans. It’s about an hour long. Click here and click the play button on the small screen. Related Posts:Are You Ready For Some RESPA Reform? [...]

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New FHA Condominium Guidelines: Financially Sound Projects = Better Investments

by Rich Vetstein 12.09.2009 Condominium Law
Thumbnail image for New FHA Condominium Guidelines: Financially Sound Projects = Better Investments

I’m getting pretty tired of all the condominium developers and realtors out there claiming and clamoring that the new FHA condominium guidelines which went into effect this week are the next coming of the Apocalypse. The fact remains that the new guidelines will ensure that condominiums are financially sound and well-run, and that’s good news [...]

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With Real Estate, Tough Options For Massachusetts Divorcing Spouses In This Economy

by Rich Vetstein 12.02.2009 Divorce
Thumbnail image for With Real Estate, Tough Options For Massachusetts Divorcing Spouses In This Economy

Divorce, unfortunately, often plays a major role in real estate transactions and decisions. The tough economy has added insult to injury for those unfortunate souls facing divorce in Massachusetts. Quincy, Massachusetts Divorce and Family Law Attorney Gabriel Cheong offers great advice on his blog, the Massachusetts Divorce Lawyer Blog, about what to do if you [...]

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Thanks to our Readers! The Massachusetts Real Estate Law Blog Is Top Of The Class

by Rich Vetstein 11.27.2009 Blogging

Thanks to you, our readers, the Massachusetts Real Estate Law Blog has quickly become the highest ranking legal blog focused solely on Massachusetts substantive law according to Avvo.com and Alexa.com rankings. As reported in BizJournals, the blog has proven very popular to home buyers, sellers, consumers, realtors and lenders due to its easy to read [...]

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Final (Hopefully!) Revised FHA Condominium Lending Guidelines Issued

by Rich Vetstein 11.21.2009 Condominium Law
Thumbnail image for Final (Hopefully!) Revised FHA Condominium Lending Guidelines Issued

After several revisions and delays, the Federal Housing Administration (FHA) has finally issued major changes to its revised guidelines on mortgage insurance requirements for condominium projects. FHA first proposed the revisions back in June (under Mortgagee Letter 2009-19). The new guidelines are effective December 7, 2009; however, some of the requirements are phased in through January 31, 2010. [...]

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Creating A Memorable Blog To Market Your Law Practice Free Webinar Now Available Online

by Rich Vetstein 11.20.2009 Blogging

Noted Boston legal marketing guru, Steve Seckler of CounseltoCounsel.com, and Richard Vetstein (that would be me) recently co-presented a free webinar for lawyers who are interested in blogging, called Creating a Memorable Blog To Market Your Law Practice.  The webinar is now up on the Web for all to check out and enjoy.  Click here [...]

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Are You Ready For Some RESPA Reform? Part I, An Overview Of The New Regulations

by Rich Vetstein 11.17.2009 Closings
Thumbnail image for Are You Ready For Some RESPA Reform?  Part I, An Overview Of The New Regulations

New, sweeping changes regulating how lenders, closing attorneys and title companies disclose loan and closing costs are set to go into effect January 1, 2010. The new regulations are part of a long awaited reform to the 30 year old Real Estate Settlement Practices Act known as RESPA aimed at providing greater transparency and fostering [...]

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HUD Announces Delay In Enforcement Of New RESPA Rules For 120 Days

by Rich Vetstein 11.14.2009 Closings
Thumbnail image for HUD Announces Delay In Enforcement Of New RESPA Rules For 120 Days

For my entire series on the new 2010 RESPA rules, look to the right under “Spotlight On: RESPA Reform” or click here. The U.S. Department of Housing and Urban Development (HUD) announced on Friday that it will not enforce for a 120 day period new, sweeping regulatory changes to the Real Estate Settlement Procedures Act [...]

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