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Category: Massachusetts Foreclosure Law Blog

Breaking News: Fannie Mae/Freddie Mac Agree to Sell Back Foreclosed Properties to Prior Owners

By Adam T. Sherwin, Esq. Posted on December 4, 2014 Posted in Massachusetts Foreclosure Law Blog

In a welcome turn of events, Fannie Mae/Freddie Mac have agreed to begin selling foreclosed properties back to former owners or third-party organizations at market value. Previously, these organizations has refused to consider these types of deals, leaving many former more »

Defending Against Deficiency Judgments

By Adam T. Sherwin, Esq. Posted on December 2, 2014 Posted in Massachusetts Foreclosure Law Blog Tagged with deficiency judgment

A recent New York Times article reports that many loan servicers and lenders are increasingly pursuing deficiency judgments against former homeowners who have gone through foreclosure.  A deficiency judgment is the amount a former homeowner owes following a foreclosure sale. more »

Breaking News: Ocwen Caught Playing Games with Loan Modification Applications

By Adam T. Sherwin, Esq. Posted on November 9, 2014 Posted in Massachusetts Foreclosure Law Blog

To the surprise of no one who is involved with the process of applying for loan modification, Ocwen–one of the country’s largest loan servicers–has been accused of “backdating” letters to borrowers about loan modifications.  This, in effect, would have caused many eligible more »

Breaking News: Federal Court Rules Against State in Fannie Mae, Freddie Mac Case

By Adam T. Sherwin, Esq. Posted on October 26, 2014 Posted in Massachusetts Foreclosure Law Blog

  Last week, Massachusetts U.S. District Judge Richard Stearns ruled against the Commonwealth of Massachusetts in its lawsuit against Fannie Mae and Freddie Mac.  Earlier this year, Massachusetts brought this lawsuit against Fannie Mae and Freddie Mac to enforce a new law that prohibited more »

A True Story From Reviewing a Loan Servicer’s Paperwork

By Adam T. Sherwin, Esq. Posted on October 16, 2014 Posted in Massachusetts Foreclosure Law Blog

Yesterday, I received a letter for one of my client’s regarding her loan modification.  This client had been fighting with her loan servicer for over two years to obtain a loan modification, despite having documented income and a clear interest in more »

Practice Pointers: Qualifed Written Requests (“QWRs”)

By Adam T. Sherwin, Esq. Posted on October 11, 2014 Posted in Massachusetts Foreclosure Law Blog Tagged with foreclosure, practice pointers, QWRS

Homeowners who have questions about their mortgage loans or wish to dispute an error with their servicer have a useful tool at their disposal: a qualified written request (“QWR”). A QWR is a requirement for loan servicers under the Real more »

FAQ: I Have Been Foreclosed. Do I Need to Leave My Home Right Away?

By Adam T. Sherwin, Esq. Posted on October 5, 2014 Posted in Massachusetts Foreclosure Law Blog

Question:  I have been foreclosed.  Do I need to leave my home right away? Answer:  No.  Massachusetts is a “non-judicial foreclosure state.” This means that the lender can perform a foreclosure without going to court.  However, once the foreclosure is more »

Jury Trials in Foreclosure Defense Cases

By Adam T. Sherwin, Esq. Posted on September 30, 2014 Posted in Massachusetts Foreclosure Law Blog Tagged with foreclosure, litigation, practice pointers

I’m happy to write that I won a post-foreclosure eviction case several weeks ago using a new defense that I had been working on for the past year.  One of the critical reasons for this victory, I believe, was my more »

Practice Pointers: Foreclosure Defense is Not About Getting a Free Home

By Adam T. Sherwin, Esq. Posted on September 14, 2014 Posted in Massachusetts Foreclosure Law Blog

When I started this blog almost a year ago, I wrote that one of the major myths of foreclosure defense is that a borrower can get a free home if they fight their foreclosure.  What was true then remains true today: more »

Good Read on the Pending Federal Court Lawsuit Challenging Local Ant-Foreclosure Ordinances

By Adam T. Sherwin, Esq. Posted on September 10, 2014 Posted in Massachusetts Foreclosure Law Blog

I previously wrote about the pending federal court lawsuit brought by several banks challenging local town and city anti-foreclosure ordinances.  The cases raises many interesting questions on law and public policy, and is a rare case of local state banks taking legal action to challenge more »

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