Eviction misconduct

Judge Panos of the United States Bankruptcy Court, District of Massachusetts recently found that a mortgage lender, Federal Home Loan Mortgage Corporation, violated the automatic stay under 11 U.S.C. §362 of the bankruptcy code when it caused to be served a 48-hour eviction notice on the debtor.

In this case Judge Panos looked at if the actions by Federal Home Loan acted to maintain the status quo of eviction process. Judge Panos found that by having the 48-hour eviction notice served on the debtor it  did more than maintain the status quo. In fact, Federal Home Loan, had taken other action in the housing court to maintain the status quo.

The court has entered a judgment of liability against Federal Home Loan. As of the time of this blog the court has not yet determined damages to be paid to the debtor.

In re Evans, Nos. 17-40402-CJP, 17-04015-CJP, 2022 Bankr. LEXIS 2713 (Bankr. D. Mass. Sep. 30, 2022)