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 »
Homeowners facing foreclosure in Massachusetts often ask themselves: do I need a foreclosure attorney? As an attorney who has helped hundreds of Massachusetts homeowners facing foreclosure, let me discuss some of the ways that a lawyer can assist with the foreclosure more »
Last week, I filed a brief for a pending appeal in the First Circuit Court of Appeals concerning a lost promissory note. This appeal concerns a critical issue of Massachusetts foreclosure law: the need for a lender to have a 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 »
Foreclosure help is available for homeowners in danger of losing their homes, or homeowners who have already gone through a foreclosure sale. While saving a home from foreclosure is never a guarantee, foreclosure help may be an option in your 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 »
A common inquiry about foreclosures in Massachusetts is regarding a foreclosure judgment. What does a bank get from a homeowner after it forecloses? In judicial foreclosure states, where a bank needs to go to court to foreclose, a foreclosure judgement is more »
