Contents

Massachusetts Laws

Massachusetts Regulations

Selected Case Law

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Massachusetts Laws

MGL c.244 Foreclosure and Redemption of Mortgages
MGL c.260, s. 33 Limitation of mortgage foreclosures
St. 2015, c.141 An Act Clearing Titles to Foreclosed Properties. 

Massachusetts Regulations

209 CMR 56 pdf format of 209 CMR 56
: Foreclosure Prevention Options (with form for notice)
940 CMR 25 pdf format of 940 CMR 25
: Foreclosure Rescue Transactions and Foreclosure-Related Services

Selected Case Law

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.'"

Easthampton Savings Bank v. City of Springfield , 470 Mass. 284 (2014)
Discusses the preemption of local foreclosure ordinances by state laws.

Eaton v. Federal National Mortgage Ass'n , 462 Mass. 569 (2012)
"The meaning of the term "mortgagee" as used in the statutes is not free from ambiguity, but we now construe the term to refer to the person or entity then holding the mortgage and also either holding the mortgage note or acting on behalf of the note holder." The ruling will only apply to " foreclosures under the power of sale where statutory notice is provided after the date of this decision."

Lenders Commercial Finance LLC v. Pestilli, et al pdf format of Lenders Commercial v. Pestilli
, Southeast Housing Court, Feb. 2, 2017.
A bank that purchased a home at foreclosure could not evict the former owners with just a 30-day notice to quit. "The Court finds that there is no evidence in this action that there was ever any agreement between the parties for the defendant to pay any rent to the plaintiff, or for any definite rental period. Accordingly, the court finds that G.L. c. 186, s.12 requires that the plaintiff terminate the defendant's tenancy at will by service of a 90 Day Notice to Quit for possession." 

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)..."

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Last update: August 8, 2017

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