The blog of Johnson & Borenstein, LLC, an Andover, MA real estate, land use, and civil litigation law firm.
Another notary case, but this time the United States Bankruptcy Court for the District of Massachusetts, Eastern Division, turned down a request from the Chapter 7 Trustee of the Debtor's estate to invalidate a mortgage due to alleged defects with the notary certificate.
Read MoreCan a Debtor claim the homestead exemption for property which she has only an equitable interest in as the beneficiary of a court-imposed resulting trust? The Massachusetts Bankruptcy Court says "yes."
Read MoreMay an underwater homeowner, by filing bankruptcy, force a bank to take their property off their hands in full satisfaction of their debt? The United States Bankruptcy Court for the District of Massachusetts has answered that question in the negative in In re Weller, thereby furthering a split among the bankruptcy courts that have considered the issue.
Read MoreUSDC MA rules that the mere presence of a home occupation in a building does not automatically preclude a debtor from claiming the homestead exemption in bankruptcy.
Read MoreMortgage notary acknowledgments are still causing issues in bankruptcy, as seen in two recent cases, both of which addressed the sufficiency of allegedly defective notary acknowledgments as challenged by the bankruptcy trustees.
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