A recent Massachusetts Supreme Judicial Court decision illustrates the importance of properly appealing a foreclosure case. The Court’s decision reaffirms that a homeowner has one–and only one–opportunity to appeal an unfavorable court decision. In Eresian v. Merill Lynch Credit Corporation, the more »
The Massachusetts Appeals Court issued an important decision on FHA loan foreclosure requirements in Jose v. Wells Fargo Bank. This decision reaffirms the strict requirements that come with foreclosing one of these loans. A Federal Housing Administration (“FHA”) loan is a more »
The Massachusetts Appeals Court issued an important decision last week in Santos v. U.S. Bank (full decision below) regarding a loan modification denial. The Court rejected the borrower’s negligence claim, but acknowledge that other grounds exist for fighting a loan modification more »
The Massachusetts Supreme Judicial Court issued Fannie Mae v. Rego today, an important foreclosure law decision that permits a Chapter 93A defense to foreclosure. Chapter 93A, the common name for Massachusetts’s Consumer Protection Law, is a broad consumer statute that more »
The Supreme Judicial Court has granted direct appellate review for one of my upcoming foreclosure defense appeals. Direct appellate review allows the Supreme Judicial Court (Massachusetts’s highest court) to hear an appeal pending before the Appeals Court (the appellate court that more »
The Massachusetts Appeals Court issued an important appellate decision this week on the “hold the note” requirement for Massachusetts foreclosures. First, a brief background. A promissory note is a written contract to pay a certain sum of money at a specific more »
A party who receives an unfavorable decision in a Massachusetts eviction case has the option of appealing. In an appeal, the party asks the appellate court to review the decisions made by the trial court and decide if they were more »
