Lessons of the MA “Peeping Tom” Case for Foreclosure Defense
Last week, the Supreme Judicial Court issues its decision in the “Peeping Tom” case and held that state law did not cover “upskirt” photos taken by cell phones and other recording devices. The Court’s decision, and the Legislature’s prompt passage of a bill to prohibit these practices, has important lessons for foreclosure defense.
As I frequently say, Massachusetts has the best legal community around. The same, however, can’t be said about its laws. I find many Massachusetts statutes to be complex and confusing and in need of a rewrite. Nonetheless, until this happens, we are stuck with them and need to do our best in understanding what they mean, and what they do not mean. In the area of foreclosure defense, which comes primarily from statutory authority, the importance of reading and understanding these laws cannot be overstated.