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    • Massachusetts Foreclosure Law Blog
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Category: Massachusetts Foreclosure Law Blog

Massachusetts Foreclosure Law Blog

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

Adam T. Sherwin, Esq. Dec 4, 2014

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 »

Massachusetts Foreclosure Law Blog

Defending Against Deficiency Judgments

Adam T. Sherwin, Esq. Dec 2, 2014 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 »

Massachusetts Foreclosure Law Blog

Breaking News: Ocwen Caught Playing Games with Loan Modification Applications

Adam T. Sherwin, Esq. Nov 9, 2014

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 »

Massachusetts Foreclosure Law Blog

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

Adam T. Sherwin, Esq. Oct 26, 2014

  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 »

Massachusetts Foreclosure Law Blog

A True Story From Reviewing a Loan Servicer’s Paperwork

Adam T. Sherwin, Esq. Oct 16, 2014

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 »

Massachusetts Foreclosure Law Blog

Practice Pointers: Qualifed Written Requests (“QWRs”)

Adam T. Sherwin, Esq. Oct 11, 2014 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 »

Massachusetts Foreclosure Law Blog

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

Adam T. Sherwin, Esq. Oct 5, 2014

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 »

Massachusetts Foreclosure Law Blog

Jury Trials in Foreclosure Defense Cases

Adam T. Sherwin, Esq. Sep 30, 2014 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 »

Massachusetts Foreclosure Law Blog

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

Adam T. Sherwin, Esq. Sep 14, 2014

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 »

Massachusetts Foreclosure Law Blog

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

Adam T. Sherwin, Esq. Sep 10, 2014

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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