Legal Question in Wills and Trusts in Massachusetts

In a case of home ownership between unmarried parties, the plaintiff accused the def of frauding her into putting his name on her deed and a new mortgage which is untrue. The defendant agreed to a $12,000 settlement back in august after his attorney failed to defend her accusations against him despite being handed clear cut evidence of her fraud! The judge ordered the parties to go before a mediator. Defendants attorney said he would be able to tell his story to the mediator which was an outright lie. The mediator only allowed the attorneys in the room. Basically they agreed plaintiff would pay 12k by December 20, 2014 and make every effort to get his name of off the mortgage. If debt is not paid defendant can force sale of house. All 4 signed draft of the agreement. Now plaintiffs atty is trying to change the terms of the agreement worked out with the mediator. We believe the attorneys and the plaintiff worked this out before the defendant even arrived at the meeting. What can we do? I told him not to sign any agreement.


Asked on 1/03/13, 3:29 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

This sounds like you are in the middle of a partition action.

There seems to be some confusion over the status of the settlement agreement. You call it a draft, but you indicate that all parties signed it. When parties sign a draft agreement, it is no longer a "draft", and it is safe to assume that the parties would be bound.

I would encourage you to ask your attorney these questions, as he or she is really in the best position to provide you with answers. If your relationship to your attorney has broken down, and you no longer trust your attorney, I would encourage you to find a new attorney. Our office handles real estate disputes and, specifically, partition actions before the probate court and land court.

If your lawyer signed an agreement without your consent, you need to immediately notify everyone involved in writing and find a new attorney. Best of luck!

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Answered on 1/04/13, 5:48 am


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