Res judicata is an important topic that comes up in Massachusetts foreclosure law that claimants need to consider in deciding how to defend against foreclosure. Res judicata is a tricky concept, but can be summarized with an analogy to the more »
The best way to fight a foreclosure is to stop one from happening in the first place. While many foreclosures are the result of unexpected financial hardships, far too many are caused by homeowners not understanding the terms of their more »
As foreclosure cases increasingly become litigated in Massachusetts, foreclosure by entry—once considered by many to be a mere back-up option—is becoming an important area of foreclosure practice. Nearly all foreclosures in Massachusetts are foreclosures by power of sale, or “non-judicial” more »
U.S. Bank v. Ibanez was the first Supreme Judicial Court decision of the recent foreclosure crisis. Up to Ibanez, foreclosure law had been mostly left alone by Massachusetts courts, with no significant decisions in the past century. Ibanez not only more »
Massachusetts has three types of foreclosures: Judicial Foreclosure: The least common type of foreclosure in Massachusetts, a mortgagee can go to court and get an order allowing it foreclosure. Doesn’t happen very often. Foreclosure by Entry: A foreclosure by entry more »
In the world of foreclosure defense, many myths exist. Thanks to the email and the Internet, it’s easy to get the wrong information about this important area of law. Here are the top three myths about foreclosure defense: 1. “With more »
