Law Offices of Jerry C. Effren

09/20/2024

Norfolk County Register of Deeds William P. O’Donnell today informs homeowners about the recent increase in the amount of the homestead exemption and the importance of filing for Homestead Protection.

In August, state legislators passed Session Law 2024, c. 150, s. 51 (an Act relative to the Affordable Homes Act), which, among other benefits, increased the amount of protection offered by a written declaration of homestead from $500,000 to $1,000,000.

“The increase in the amount of the homestead exemption applies retroactively to any valid homestead that is currently on record at the Registry of Deeds and to any future recorded Homesteads,” noted Norfolk County Register of Deeds William P. O’Donnell. “This means homeowners who have a valid homestead on record do not need to file a new homestead to gain the benefit of the recent increase.”

As of August 2024, there were 6,700 Declarations of Homestead filed this year at the Norfolk County Registry of Deeds, 2% more than in 2023.

“If you own a home, and it is your primary residence, you have an automatic homestead exemption of $125,000. However, if you file a Declaration of Homestead at the Registry of Deeds, the exemption increases to $1,000,000. The Homestead Law provides a homeowner with limited protection against the forced sale of their primary residence to satisfy unsecured debt up to $1,000,000 if they have filed. This is especially important when you consider that for most of us, a home is our most valuable asset. Consumers should take steps to protect that asset,” noted Norfolk County Register of Deeds William P. O’Donnell.

Another feature of the Homestead Law is the allowance for the filing of an Elderly Homestead Declaration, which defines an elder as a person who is 62 years of age or older and provides protection of $1,000,000 for each qualified person.

The Register further noted, “In March of 2011, the Homestead Law was updated so that a valid Homestead is not terminated when refinancing a mortgage. Other changes that took place back in 2011 state that a Homestead can provide protections for a primary home even if it is held in a trust. The definition of a primary residence was also expanded to include a manufactured or mobile home.”

A Declaration of Homestead also protects the sale proceeds if the home is sold for up to one year after the date of the sale or on the date when a new home is purchased with the proceeds, whichever comes first. Additionally, if the home is damaged by a fire, for example, the insurance proceeds are protected for two years after the date of the fire or on the date when the home is reconstructed or a new home is purchased, whichever is earlier.

While the Homestead statute provides important protections for homeowners, it is important to note that certain debts are exempt from protection under the Homestead Act. These include federal, state, and local tax liens, as well as mortgages contracted for the purchase of a primary home and nursing home liens. Most other mortgages, debts, and encumbrances existing prior to the filing of the Declaration of Homestead, along with probate court executions for spousal and child support, are also not covered under the Homestead Protection Statute.

Declarations of Homestead are recorded at the Registry of Deeds for a state-imposed fee of $36.00.

05/13/2022

Register O’Donnell Reports on
April Real Estate Activity in Norfolk County

Dedham - Norfolk County Register of Deeds William P. O’Donnell reported that the April numbers relative to Norfolk County show a continuing decrease in real estate activity compared to April 2021 and even compared to the March 2022 numbers.

“Our data indicates that the Norfolk County real estate numbers in April indicate a continued slowdown in the market compared to 2021 and, except for a slight increase in sales, when compared to the overall numbers from last month,”, noted Register O’Donnell. “There were 11,179 documents recorded at the Norfolk County Registry of Deeds in April, a 37% decrease from April, 2021 and a decrease of 10% from March of 2022”.

“The number of deeds for April 2022, which reflect real estate sales and transfers both commercial and residential, decreased by 16% from April, 2021 but did increase by 3% from March. However, sale prices continue to surge. The average sale price in April was $1,534,065, a 32% increase compared to April 2021. Total dollar volume of commercial and residential sales also showed gains from one year ago, increasing 11% and surprisingly are up 41% from last month,” noted the Register.

Overall lending activity show a continued trend downward for the month of April. A total of 2,210 mortgages were recorded during the month, a significant decrease of 48% compared to a year ago and down 8% from last month. “It appears that interest rate increases and the fact that many consumers have already refinanced may be impacting the numbers,” noted O’Donnell.

A continuing cause for concern in Norfolk County is the number of pending foreclosures. The Norfolk County Registry of Deeds has been closely watching the foreclosure market. During April, there were 4 foreclosure deeds recorded as a result of mortgage foreclosures taking place in Norfolk County, two less than in April, 2021 and one less than in March. However, there were 22 Notices to Foreclose, the first step in the foreclosure process, recorded in April, up significantly from 4 recorded in April 2021, and up from 11 recorded last month. “The dramatic increase in the number of these notices is alarming. It indicates that more of our neighbors are facing financial challenges going forward”, said O’Donnell. “We will continue to monitor these numbers.”

For the past several years, the Norfolk County Registry of Deeds has partnered with Quincy Community Action Programs, 617-479-8181 x376, and NeighborWorks Housing Solutions, 508-587-0950 to help anyone facing challenges paying their mortgage. Another option for homeowners is to contact the Massachusetts Attorney General’s Consumer Advocacy and Response Division (CARD) at 617-727-8400. Register O’Donnell stated, “If you are having difficulty paying your monthly mortgage, please consider contacting one of these non-profit agencies for help and guidance.”

Homestead recordings by owners of homes and condominiums decreased again this month at the Norfolk Registry of Deeds. There was a 13% decrease in homestead recordings in April 2022 compared to April 2021 but a slight increase from last month. “The comparison from last April is not too surprising where the sales of homes have started to level off, but all homeowners, not just new purchasers, should keep in mind that a recorded Declaration of Homestead provides limited protection against the forced sale of an individual’s primary residence to satisfy unsecured debt up to $500,000,” noted O’Donnell. “We want to see folks protecting the biggest asset most of us have, our homes. I would urge anyone who has not availed themselves of this important consumer protection tool to consider doing so. The recording fee is only $36. Feel free to visit the Registry website at www.norfolkdeeds.org to get more information on homesteads and to make sure you have taken advantage of this protection.”

Register O’Donnell concluded, “April real estate activity in Norfolk County continues to show a decline from last year. We still see the increase in sale prices as indicating a lack of available real estate inventory which for buyers, particularly first time buyers, suggests a disadvantage.”

The Registry of Deeds is the principal office for real property records in Norfolk County of Norfolk, MA. The Registry is a basic resource for title examiners, mortgage lenders, municipalities, homeowners, and others with a need for secure, accurate, and accessible land record information.

08/09/2021

Looking to donate to non-profit. Xerox Workcenter 7845 multifunction printer, copier, scanner and fax. Must pick up or arrange for transport

03/31/2020

COVID-19 RESPONSE: THE CARES ACT – BUSINESS LOANS

Dear Clients:

During these turbulent times, we at the Law Office of Jerry C. Effren want to keep you appraised of state and federal efforts to address the COVID-19 virus. We also want to assure you that whether your company is excelling during these difficult times, or taking steps to minimize the legal impact of the virus, we are here to provide the guidance and advice you will need in the coming months.

I write specifically to advise you about certain opportunities that may be available to you under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The CARES Act includes provisions for quickly providing financial assistance to small businesses as they deal with the challenges of the virus, including $10 billion for Economic Injury Disaster Loans (“EIDL”) and $350 billion for Paycheck Protection Loans (“PPL”). You apply for these loans directly through the SBA website at www.SBA.gov/disaster. There are no loan fees, guarantee fees or prepayment fees. This application will allow you to also request an emergency advance of up to $10,000.00. Additionally, loan proceeds used for payroll costs, payments of interest on any mortgage loan incurred prior to February 15, 2020, payment of rent on any lease in force prior to February 15, 2020, and payment on any utility for which service began before February 15, 2020 may be forgiven.

Although it is the intent of the CARES Act to create a simplified, streamlined process, you should anticipate bureaucratic hurdles. With large numbers of potential borrowers and only a finite amount of money available for lending, those who act quickly and in accordance with the developing rules and procedures will be best positioned to obtain funding they need. The Law Office of Jerry C. Effren can assist you in applying for and processing these loans, and ensuring that you are not among those business who will be left behind.

The SBA provides low-interest disaster loans to help businesses and homeowners recover from declared disasters.

03/16/2020

10/13/2017

Register O'Donnell Reports Slowdown for 3rd Quarter 2017 Real Estate Activity

Register of Deeds William P. O'Donnell reported Norfolk County real estate activity continued to experience a slowdown during the 3rd quarter 2017, (July-Sept). The one bright note among the sobering statistics was the continued reduction in foreclosure activity.

Register O'Donnell noted, "There is no question real estate activity numbers were disappointing for the 3rd quarter. The total number of real estate sales in Norfolk County, both residential and commercial, was 5,085, a 4% reduction from the previous year. In addition, the total dollar sales volume, for both the residential and commercial sectors, decreased by 23% to $2.2 billion. Lastly, the average real estate sales price, for combined residential and commercial stock was $653,539."

"The Norfolk County real estate market," noted O'Donnell, "is being impacted by the same sluggish headwinds affecting real estate sales throughout Massachusetts and nationwide: low inventory levels. It is especially the case with starter homes, as potential new homeowners attempt to crack the market. This is good news for sellers, but frustrating and disappointing news for first-time buyers."

Another sobering indicator was a 14% reduction in the total number of land documents recorded at the Registry during the 3rd quarter. "In addition to the reduced number of real estate sales, the overall decline in the number of land documents recorded can be directly attributed to a reduced number of mortgage recordings," noted O'Donnell.

Regarding mortgage activity, 7,300 mortgages were recorded during the quarter compared to 9,717 during the same time period in 2016. An anomaly was seen with total mortgage borrowing increasing by 69% during the quarter to $7.8 billion. This number was skewed by a $1.6 billion mortgage against a commercial property in Weymouth. The Register stated, "There is no question the lending market is being negatively driven by the reduced amount of real estate sales as well as the creeping rise in interest rates."

Another slowdown in consumer activity was seen in the lowering number of Norfolk County homeowners availing themselves of the Homestead Act. A total of 3,543 Homesteads were recorded during the 3rd quarter, a 5% decrease year over year. "The Homestead law provides limited protection against the forced sale of an individual's primary residence to satisfy unsecured debt up to $500,000. I urge Norfolk County residents to consider this consumer protection tool," noted O'Donnell.

As previously stated, foreclosure activity was one of the few bright spots experienced during the quarter. The total number of foreclosure deeds recorded was 61, a 27% decrease year over year. More significantly, the number of Notice to Foreclose Mortgage recordings, the first step in the foreclosure process, fell 49% from the 3rd quarter of 2016.

O'Donnell stated, "While the decrease in foreclosure recordings was certainly good news, I realize this is little consolation to those facing the threat of foreclosure. The Registry continues to work with Quincy Community Action Programs, 617-479-8181 x376, and NeighborWorks Southern Mass, 508-587-0950 to help homeowners who received a Notice to Foreclose Mortgage. A third option is to contact the Massachusetts Attorney General's Consumer Advocacy and Response Division (CARD) at 617-727-8400.

Register O'Donnell concluded, "It is not surprising that we saw disappointing real estate activity numbers, especially when you consider the low level of housing inventory. These numbers especially impact first-time homebuyers who are trying to buy property at an affordable price. Furthermore, we are also seeing the effect is has on the lending market. While the eastern Massachusetts economy generally remains on solid footing, any increases in interest rates will only make the recovery a more challenging one for real estates sales and financing."

To learn more about these and other Registry of Deeds events and initiatives, like us at facebook.com/NorfolkDeeds or follow us on twitter.com/NorfolkDeeds and instagram.com/NorfolkDeeds.

The Norfolk County Registry of Deeds is located at 649 High Street, Dedham. The Registry is a resource for homeowners, title examiners, mortgage lenders, municipalities and others with a need for secure, accurate, accessible land record information. All land record research information can be found on the Registry's website at www.norfolkdeeds.org. Residents in need of assistance can contact the Registry of Deeds Customer Service Center at (781) 461-6101, or email us at [email protected].

Register William P. O'Donnell
Norfolk County Registry of Deeds

We provide security, accuracy and accessibility for our communities’ land records, and reliable se

03/22/2016

Get the specifics on who's eligible for the 2016 Tax Amnesty: ow.ly/YoPqw

01/29/2016

Register O'Donnell Promotes Homestead Act

Stating that for many people their house is the most important financial asset that they will ever have, Norfolk County Register of Deeds William P. O'Donnell today reminded homeowners about filing for Homestead protection. Under Massachusetts law, a Homestead recording provides for limited protection against the forced sale of an individual's primary residence to satisfy unsecured debt up to $500,000.

"Protecting one's primary residence is a key objective for all homeowners," noted Register O'Donnell. "Additionally, homeowners who own property jointly and are age 62 and above, by statute can file an elderly homestead, which affords them additional protection," stated Register O'Donnell.

For all individuals who have an interest in their primary home - for example both spouses - they are jointly required to sign-up if they want to avail themselves of the full $500,000 protection.

Register O'Donnell noted, "One of the major changes under the 2011 Homestead Law passed by the Massachusetts Legislature is that a valid homestead cannot be terminated when refinancing a mortgage. Another clarification of the statute is that a homestead can provide protections for a primary home kept in trust."

It is important to note there are certain debts that are exempted from protection under the Homestead Act, such as federal, state and local tax liens, as well as mortgages contracted for the purchase of a primary home and nursing home liens. Most other mortgages, debts, and encumbrances existing prior to the filing of the Declaration of Homestead, along with probate court executions for spousal and child support, are also exempted from Homestead protection.

Homestead recordings can be filed at the Registry of Deeds for a state imposed fee of $36.00. To find out more about the Homestead Law, or to get a free application, please go online to the registry's website at www.norfolkdeeds.org.

Register O'Donnell concluded, "It is important to make clear that a Homestead protects consumers against the forced sale of their primary residence to satisfy unsecured debt up to $500,000. While the debt is still owed, homeowners will at least have the comfort of knowing that with a Homestead filed, their primary residence cannot be forcibly sold to satisfy most debts."

To learn more about these and other Registry of Deeds events and initiatives, like us at facebook.com/NorfolkDeeds or follow us on twitter.com/NorfolkDeeds.

The Norfolk County Registry of Deeds, located at 649 High Street, Dedham, is the principal office for real property in Norfolk County. The Registry is a resource for homeowners, title examiners, mortgage lenders, municipalities and others with a need for secure, accurate, accessible land record information. Residents in need of assistance can contact the Registry of Deeds Customer Service Center at (781) 461-6101, or on the web at www.norfolkdeeds.org.

Register William P. O'Donnell
Norfolk County Registry of Deeds

The Registry of Deeds is the principal office for real property records in Norfolk County of Norfolk, MA. The Registry is a basic resource for title examiners, mortgage lenders, municipalities, homeowners, and others with a need for secure, accurate, and accessible land record information.

07/16/2015

We are hiring an administrative assistant. If you or anyone you know is interested please email us your resume at [email protected]