Selected Cases on Foreclosure in Massachusetts, curtsey of the Mass Law Library
Bank of NY v. Bailey, 460 Mass. 327 (2011). "[T]he Housing Court has jurisdiction to decide the validity of a challenge to a title, raised by a former homeowner as a defense to a summary process eviction action by a party acquiring the property pursuant to a foreclosure sale."
Commonwealth v. Fremont Investment and Loan, 452 Mass. 733 (2008). Upholds a Superior Court order "that restricts, but does not remove, Fremont's ability to foreclose on loans with features that the judge described as 'presumptively unfair.'"
US Bank National Association v. Ibanez, 458 Mass. 637 (2011). Upholds the ruling of the Land Court (MISC 08-384283) below, regarding the requirement that mortgage holders must be accurately identified in a foreclosure proceeding. "We agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure. As a result, they did not demonstrate that the foreclosure sales were valid to convey title to the subject properties, and their requests for a declaration of clear title were properly denied."
U.S. Bank National Association v. Ibanez, 17 LCR 679, Land Court MISC 08-384283, October 14, 2009. Foreclosure sales are invalid where they fail to name "the “present holder of the mortgage” at the time of the notice and sale (i.e., that post-sale mortgage assignments to the successful bidder, even if backdated, do not suffice)..."
