In OneLaw’s March newsletter, Attorney Peter Hahn discusses cases in the Massachusetts Juvenile Court, and Attorney Chiara LaPlume considers the current state of the residential real estate market.
Read the full March 2023 newsletter HERE.
The text version is below.
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Spring is upon us. I hope you are enjoying it.
Recently I received quite the blast from the past in the form of a voicemail: “I’m a very old client of Peter Hahn’s from 2010… I thought he might be interested to know he inspired one kid to go to law school.” Years ago I represented a 10 year old boy in Juvenile Court. Now he’s on the way to becoming a lawyer. Life really does surprise in interesting ways.
In this newsletter, I explain the types of legal matters that are heard in Juvenile Court, and Attorney Chiara LaPlume shares her advice on the state of the current real estate market.
As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq.
Founder & Owner of OneLaw
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Behind Closed Doors in Juvenile Court
by Peter A. Hahn, Esq.
Almost every case in the Massachusetts Juvenile Court is a closed proceeding not open to the public. This is due to the sensitive nature of the proceedings as well as to protect the identity of the children involved. But that also means only the people with a right or duty to participate know what truly goes on. In Massachusetts, there are three main types of cases that are heard in Juvenile Court. Juvenile delinquency matters are essentially criminal cases for minors (prior to a person’s 18th birthday). Much of the substantive criminal law applies but there are also unique laws designed to address the specialized nature of these cases. In Massachusetts, juveniles even have a right to a jury trial. There is a separate “youthful offender” category for more serious offenses for older children, and these cases are open to the public. Care and protection matters involve reports of the abuse and neglect of children and the Department of Children and Families (DCF). The court may order custody of children to DCF and, in certain situations, a parent’s rights may be terminated and the child placed for adoption. These proceedings are different than Fair Hearings, which are administrative appeals of DCF decisions. Child Requiring Assistance petitions may be filed by parents or schools for children deemed runaways, stubborn, truant, or habitual school offenders. The court can provide oversight via the probation department and may place the child in the custody of DCF. I sometimes see special education disputes spill over into Juvenile Court if a school files a CRA for lack of attendance or behavior.
Attorney Peter Hahn represents clients in a range of education law, juvenile and child welfare, and civil rights matters.
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OneLaw’s Holly Vietzke is speaking about Better Legal Writing to the New Hampshire Bar Association on April 5
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The Nature of the Residential Real Estate Market
by Chiara LaPlume, Esq.
We have all heard about rising interest rates and the real estate market changing across the United States.
What is OneLaw noticing?
To start off with, it is undisputed that Covid made most people think about real estate differently, and motivated many to change their living situations – oftentimes by expanding their dwelling size to accommodate working from home, or by moving further away from large cities as commute times became less important. The increase in desire to change living situations was also supported by low mortgage rates. The result was a very seller-favorable real estate market, and a drive-up in home prices.
What do the numbers tell us?
As for volume of transactions, the Norfolk County Registry of Deeds reported in their March newsletter that in February 2023, there were 6,702 documents recorded at the Norfolk County Registry of Deeds, a 35% decrease from February 2022. A total of 909 mortgages were recorded with the Norfolk Registry in February 2023: 53% less than a year ago at the same time, and down 9% from January 2023. Meanwhile, the number of deeds for February 2023, which reflect both residential and commercial real estate conveyances, was 968 for February 2023: a decrease of 11% from February 2022, and a decrease of 6% from the previous month of January 2023. The average sale price in February 2023 was $947,974, a 22% decrease from February 2022 and an 11% increase from January 2023.
Although anecdotal, this is what OneLaw is seeing: clients, whether they are just starting out or very comfortable alike, are still buying, selling and moving. People who can pay cash are still sometimes taking on much bigger mortgages than they need to, in order to keep cash on hand. Others, especially those starting out, are trying to put more money down to keep the monthly payments in check. We are seeing more people applying for adjustable rate mortgages, hoping for more favorable rates at some point over the next several years. The bargaining power of the sellers had decreased: while bidding wars are not unheard of, the offers appear to be more constrained compared to those over the last few years. For example, more buyers are keeping an inspection and mortgage contingencies in their offers, and less buyers are freely giving sellers a long use and occupancy period, which is when the seller’s right to occupy the home continues after the sale closing date.
Above all, the old rule is still true: all real estate is local. We are finding that price drops are affecting some areas more, while barely affecting others. If you have any questions about your residential real estate, feel free to reach out to OneLaw to discuss your specific situation.
Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.
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OneLaw is now a member of the Charles River Regional Chamber https://www.charlesriverchamber.com/
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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.