Loan modifications are an essential tool in foreclosure defense. The goal is almost all of my cases is to get the homeowner a monthly mortgage payment they can afford. Unfortunately, a federal program aimed at helping homeowners has become a source more »
As the foreclosure crisis continues throughout Massachusetts and the rest of the country, mortgage/deed reformations continue to be popular cases in Massachusetts Land Court and Superior Court. With the right approach, these cases can be effective tools in foreclosure defense. more »
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 »
