The blog of Johnson & Borenstein, LLC, an Andover, MA real estate, land use, and civil litigation law firm.
After issuing multiple decisions over the past several years emphasizing the importance of strict compliance with the statutory requirements for foreclosing on real estate, the Massachusetts Supreme Judicial Court has held that the strict compliance standard does not necessarily extend to the statutes impacting post-foreclosure requirements.
Read MoreA brief summary of some of the more interesting mortgage-related cases recently decided by the Massachusetts federal and state courts.
Read MoreDoes one need to be an "attorney in fact" to perform the statutory acts authorized or required by the power of sale” in foreclosing upon a mortgage? The SJC says no - an attorney can conduct a foreclosure sale on behalf of their client, the mortgagee.
Read MoreAnother 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 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.
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