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The Corporate Transparency Act Webinar Recap

Watch the full recording. What Is the CTA? The CTA (31 USC § 5336; 31 CFR 1010) is intended to strengthen the federal government’s anti-money laundering efforts by requiring many business entities to report information...more

Update on Massachusetts Eviction Moratorium Due to COVID-19

On April 27, 2020, the Commonwealth’s Executive Office of Housing and Economic Development (“EOHED”) issued emergency regulations, forms, and guidance in connection with Chapter 65 of the Acts of 2020, An Act Providing for a...more

Massachusetts Enacts Temporary Moratorium on Evictions and Foreclosures Amid COVID-19 Pandemic

On April 20, 2020, Massachusetts Governor Charlie Baker signed into law emergency legislation (the “Act”) adopting a temporary moratorium on non-essential evictions of residential and small business tenants as well as a...more

Massachusetts Supreme Judicial Court Concludes that a Court May Order Interim Use and Occupancy Payments to be Paid to a Landlord...

In Davis v. Comerford, 483 Mass. 164 (2019), the Massachusetts Supreme Judicial Court considered whether a judge has authority to issue orders for interim use and occupancy payments during the pendency of a summary process...more

Bankruptcy Court Confirms Enforceability of Mortgage Notwithstanding Expiration of Statute of Limitations for Underlying...

In In re Fortin, 598 B.R. 689 (Bankr. D. Mass. 2019), the United States Bankruptcy Court for the District of Massachusetts considered whether a lender may enforce a mortgage despite the unenforceability of the underlying...more

Legal Advisory: Enforcement Issues in Massachusetts Real Estate Loans

Two recent Massachusetts Appeals Court decisions offer both clarity and caution to mortgage lenders seeking to enforce their loan documents. These decisions address the importance of properly drafting prepayment provisions in...more

Ground Lease Financing: 3 Tips for Lenders, Landlords, and Tenants to Achieve a Win-Win-Win Situation

“Because ground leases typically have terms of up to 99 years, landlords and tenants need to consider all the various circumstances that might change over such a long period of time. For instance, in the last 99 years there...more

A Guaranty May Be Enforceable Even If Collection Of The Underlying Debt Is Barred

In Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., the Massachusetts Appeals Court considered whether a release of a landlord’s claims against a tenant for unpaid rent precluded the landlord from bringing a collection...more

Massachusetts Appeals Court Addresses Statute of Limitations for Enforcement of Guaranty

In a case decided at the end of August, the Massachusetts Court of Appeals had the opportunity to address when the statute of limitations expires with respect to the enforcement of a guaranty. In JB Mortgage Co., LLC v. Ring...more

Supreme Court Declines Review of Controversial Second Circuit Loan Purchase Decision

The United States Supreme Court recently declined to review the Second Circuit’s controversial opinion in Madden v. Midland Funding. As a result, uncertainty remains for non-bank purchasers of commercial paper on the...more

Massachusetts Supreme Judicial Court Rules On Lien Priority Between Condominium Associations and Mortgage Lenders

After nearly a decade of ongoing litigation, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Drummer Boy Homes Association v. Carolyn P. Britton, No. 11969 slip op. (Mass. March 29, 2016) regarding the...more

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