A recent decision from the U.S. First Circuit Court of Appeals provides an important lesson on fighting foreclosure and the importance of properly preparing such a defense. The case, Klimowicz v. Deutsche Bank, is included below. Background Massachusetts is a non-judicial more »
The Massachusetts Appeals Court issued an important decision last week on what is needed for a declaratory judgment. The decision comes from a foreclosure law case, but just as easily applies to other areas of law. The decision, Wells Fargo more »
Last week, I had a successful outcome in a FHA foreclosure defense case. My client was facing a post-foreclosure eviction and I raised a successful defense regarding the lender’s non-compliance with the foreclosure requirements for these types of loans. FHA more »
The Supreme Judicial Court issued an important decision this week for landlord-tenant law: who can file an eviction in Massachusetts? The decision, Rental Property Management Services v. Hatcher, is included below. Overview The facts of this case are fairly straightforward. more »
A common question for homeowners facing foreclosure is whether they will owe money after a foreclosure. While it is possible to owe money after a foreclosure sale (commonly known as a deficiency judgment), there are requirements that a lender must more »
I’m pleased to announce that I, along with appellate attorney Joseph Schneiderman, won a foreclosure appeal this week in the Massachusetts Appeals Court. The case, Nationstar v. Culhane, concerns an important topic for appealing an eviction (“summary process”) case in Massachusetts: more »
The Massachusetts Appeals Court issued an important decision this week on preserving a “Pinti” defense under paragraph 22 of the standard mortgage. In US Bank v. Milan, the Appeals Court ruled that a homeowner failed to preserve this foreclosure defense more »
A recent decision by the Massachusetts Land Court discusses the importance of properly challenging a foreclosure in Massachusetts, and the ramifications of failing to do so correctly. This case, Kenney v. Brown, is to the best of my knowledge the first more »
The Supreme Judicial Court issued an important ruling last weekend extending the “paragraph 22 defense” to other homeowners facing foreclosure. In Federal National Mortgage Association v. Marroquin, the Court extended the benefit of the prior Pinti v. Emigrant Mortgage decision to those homeowners more »
The Massachusetts Appeals Court issued an important decision last week concerning a homeowner’s legal rights following a loan modification. In Barrasso v. New Century Mortgage Corporation, the Appeals Court held that a homeowner was unable to raise prior claims more »
