While foreclosure defense attorneys are generally in the business of helping people save their homes, struggling homeowners should also consider an attorney when they simply want to walk away. For many reasons, some homeowners are ready to be done with their more »
As a foreclosure defense attorney, I’m in the business of helping struggling homeowners save their homes. Potential clients who are facing home foreclosure often ask me, “What can I do to help my case?” The best way to help your more »
The Supreme Judicial Court issued its decision in Galiastro v. MERS and allowed homeowners on appeal to use “produce the note” arguments in their foreclosure defense cases. In Eaton v. Federal National Mortgage Association, the Court held that a foreclosing mortgagee must more »
To help homeowners avoid foreclosure, state and federal law often requires lenders and servicers to offer loan modifications to qualifying borrowers. Federal programs like the Home Affordable Modification Program (“HAMP”) are designed to get monthly mortgage payments down to an affordable amount (HAMP aims for more »
Bevilacqua v. Rodriguez, in many regards, came directly as a result of U.S. Bank v. Ibanez. A little recap: in Ibanez, the Supreme Judicial Court held that a foreclosing entity must have record assignment of the mortgage prior to foreclosure. more »
Several months ago, I had the honor of serving as a judge for my alma mater’s appellate advocacy course. Appellate advocacy is a rite of passage in law school; students are required to write a brief and argue their position more »
Here at The Massachusetts Foreclosure Law Blog, I like to share legal resources that are helpful to lawyers, law students, and pro se parties alike. The Massachusetts Trial Court Law Libraries is a fantastic resource here in Massachusetts. The libraries offer an extensive collection more »
The Supreme Judicial Court issued its long awaited decision on whether counterclaims can be brought in post-foreclosure summary process cases. In Bank of America v. Rosa, the Court held that alleged former homeowners may bring these claims in Housing Court. more »
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 »
