John Mansella

N/A

• Does Not Currently Practice Law
• Not Currently Accepting Clients

Q. I've been told to withhold mortgage payments while the loan is getting refinanced - is this really wise?

December 3, 2016

A: Who told you to withhold mortgage payments? -- an Attorney?? You should make sure it's not one of those scams parading around pretending to be a law firm that "modifies" your loan for a hefty fee. Some of those are legitimate, but some are scams. Some say they're a law firm, and they may be (in another State or jurisdiction), but not licensed in the State that you're in, which would make them ineligible to represent you in a modification in your State. Typically, those schemes tell you not to pay your mortgage payments and instead to pay them to help you "modify" the loan. My background includes representing mortgage lenders/banks, and then homeowners and tenants facing foreclosure, and this tends to be an area where I practice often. From that experience, I can tell you I cannot think of a situation where withholding mortgage payments would help you. BUT, I should caution you-- if an attorney LICENSED IN YOUR STATE has advised you of it, then you should ask your attorney's reasoning for the advice and determine if you wish to proceed accordingly. You can always get a second opinion. However, in short, not enough information is provided in your post to direct you to the right place, so I cannot give you a "solid" response here. You should consult a Massachusetts-licensed lawyer immediately and without any delay before making any decisions.

** DISCLAIMER: I AM NOT YOUR ATTORNEY AND THIS IS NOT LEGAL ADVICE OR A SUBSTITUTE FOR LEGAL ADVICE. DO NOT ACT OR REFRAIN FROM ACTING ON ANYTHING STATED HEREIN. CONSULT AN ATTORNEY IN YOUR STATE OR JURISDICTION IMMEDIATELY AND WITHOUT DELAY ABOUT YOUR LEGAL QUESTION/MATTER. THIS RESPONSE IS MEANT FOR RHODE ISLAND AND MASSACHUSETTS ONLY, AND NO OTHER STATE, NATION, OR JURISDICTION. NO ACTION WILL BE TAKEN ON YOUR BEHALF BY THIS FIRM. ... Read More

Q. Hello! I was let go of my job at the end of Oct 2016, I have not received my earned PTO time which was 40hrs

November 20, 2016

A: The Massachusetts Wage Act requires payment of wages, commissions, overtime, benefits, and vacation time. If your PTO time falls under the Massachusetts Wage Act, you may have a remedy at law. The statutory remedy for an employee whose employer is found in violation of the Act by a Court is three times the amount of unpaid wages/benefits, etc., plus reasonable attorney fees and costs. I am not necessarily saying whether or not your employer violated the Act, as more information would be required. What I am saying, however, is that you should consult an attorney immediately and without any delay. Certain time deadlines apply. You can consult with a lawyer on Justia or find a lawyer any way you please. Hope this helps.

* DISCLAIMER: I am not your attorney and this is not legal advice or a substitute for legal advice. Posts and responses on this site do NOT form an attorney-client relationship. Consult with an attorney in your jurisdiction immediately and without delay. ... Read More

View More Answers ›