State Sanitary Code Receivership: A Trap For The Unwary Lender
A little-known power of the court is causing large headaches for lenders by wiping-out their security in certain mortgages.
Prepare For A New Round In The Game Of Foreclosure Defense
On the heels of the Supreme Judicial Court’s decision in U.S. Bank, N.A. v. Schumacher eliminating the oft-cited defense to foreclosure and eviction that minor errors in a Chapter 35A notice of default and right to cure effectively voided a later foreclosure, the Consumer Financial Protection Bureau appears poised to provide a new round of foreclosure defenses.
SJC Solicits Feedback Before Ruling On Legality Of Foreclosure Ordinances
Since 2011, several Massachusetts cities, including Springfield, Lawrence, Worcester and Lynn, have enacted ordinances intended to regulate and avoid residential property foreclosures. Although not entirely uniform, these ordinances all impose property preservation requirements on the lender and require in-person, pre-foreclosure mediation between the lender and borrower.
