If there is a title defect on your home related to an improper foreclosure, you may be eligible for assistance. See below for more information.


On January 16, 2015 the Suffolk Superior Court entered a consent judgment pdf format of Consent Judgment to Banks
file size 1MB against Bank of America, Chase, Citi, and Wells Fargo, wherein, among other relief, the banks agreed to review and assist downstream purchasers to clear title defects caused by void foreclosures which they conducted.

In 2011, the Massachusetts Office of the Attorney General brought suit against the banks for allegedly violating the Massachusetts Consumer Protection Act (G.L. c. 93A, §§ 2 and 4) by foreclosing on homes before receiving an assignment of the mortgage. See First Amended Complaint pdf format of First Amended Complaint
file size 1MB.  Under Massachusetts law, a bank, or other foreclosing entity, must strictly comply with the state’s foreclosure laws in order to transfer the ownership of a property through foreclosure. When a party conducting a foreclosure does not strictly follow the foreclosure laws, the foreclosure is “void.”  People who purchase properties after a void foreclosure may have a title defect that could prevent them from refinancing their mortgage or selling the property.

Downstream purchasers of properties upon which one of the bank defendants conducted a void foreclosure any time after December 1, 2007 may be eligible for non-monetary assistance to clear title.

Relief for Purchasers: Submit a Complaint

If you suspect that you purchased a property that has a void foreclosure conducted by Bank of America, Chase, Citi or Wells Fargo after December 1, 2007, you may be eligible for non-monetary assistance to cure the title defect and should submit a consumer complaint by email or by mail to the addresses. Click the "Submit a Complaint" tab for the list of addresses to send your complaint. In your complaint, please include the following:

      1. Your name and telephone number
      2. The address of the property with the title defect, and the following statement:
        "I believe this property was subject to a void foreclosure. "
      3. Your address, if different from the address of the property with the title defect
      4. Whether you are the current owner of the property or in what other capacity you have an interest in the property
        (i.e. an agent of the owner, a title insurer, etc.)

If you have questions relating to your consumer complaint, please contact the bank to whom you submitted your complaint or the Office of the Attorney General at 617-727-8400.

Bank Review of Consumer Complaints

When the bank receives your complaint it will review its records to determine whether it performed a void foreclosure on your property. The bank will communicate the results of this review to you and to the Attorney General's Office.

If the bank performed a void foreclosure on your property, it will provide assistance to you to remedy the void foreclosure and clear the title to the property.

Note: Title insurers, while not parties to the settlement, may have an obligation for some or all of the expenses related to curing title.

Questions? Contact the Attorney General's Office at 617-727-8400

Who qualifies for help under this settlement?

Any person who currently owns a property in Massachusetts with a void foreclosure in the chain of title, where the void foreclosure was conducted by Bank of America, JP Morgan Chase, CitiMortgage or Wells Fargo. The void foreclosure must have occurred after December 1, 2007.

How can I tell if my property has a “void” foreclosure in its chain of title? Should I be worried?

Most people discover they have purchased a property with a void foreclosure in the chain of title when they seek to refinance or try to sell the property and are advised at that time of the defect. If you suspect that your property may have had a void foreclosure, you should submit a consumer complaint.

I know my property has a “void” foreclosure in its chain of title, but I am not sure what bank was involved in the void foreclosure. Should I send in a consumer complaint?

Yes, you should submit a consumer complaint to any bank you believe was involved in the foreclosure and may submit complaints to all of the banks. Each bank that receives a consumer complaint will review the property according to its records and respond to let you know whether or not it was involved with the void foreclosure.

Will I receive financial compensation from this settlement for the void foreclosure that affects my property?

No, under this settlement the banks are obligated to provide non-monetary assistance to help remedy title defects caused by the void foreclosures. The AGO, together with the AGs of other states, previously resolved claims against these banks for mortgage servicing misconduct.  That settlement included payments to Massachusetts and Massachusetts consumers totaling over $300 million, which was directed to a wide variety of consumer protection purposes, including $16 million direct payments to homeowners who lost their homes to foreclosure, millions in principal reduction and the funding of the HomeCorps program.

Questions? Contact the Attorney General's Office at 617-727-8400

For assistance, please submit a consumer complaint to one (or more) of the following email or  mailing address(es) below.

Bank of America
Mail:     Bank of America – Massachusetts Inquiries
             P.O. Box 27264
             Tampa, FL 33623-7084

Email:    MAInquiry@bankofamerica.com

Mail:    Chase
            Attn: MA Chase Inquiries
            PO BOX 44118
            1100 Kings Road
            Jacksonville, FL 32203

Email:   MA.Chase.Inquiries@chase.com

Mail:    Citigroup Inc. – Legal Department
            6460 Las Colinas Blvd, MC: LCB-110
            Irving, TX 75039

Email:   Citi-MassAG-Inquiry@citi.com

Wells Fargo
Mail:    Terry Krapfl, Esq.
            Managing Counsel
            Wells Fargo Law Department
            800 Walnut Street
            Des Moines, IA 50309               

Email:   terrykrapfl@wellsfargo.com