Following is a copy of the amicus brief filed on behalf of The Real Estate Bar Association for Massachusetts, Inc. and The Abstract Club in the Massachusetts SJC case of FNMA v. Hendricks, No. SJC-11234, in support of the plaintiff's position. I was asked to co-write the brief with Lawrence Scofield of my former firm.
The trial court entered judgment against the defendant and the SJC granted direct appellate review. The sole issue on appeal was whether the affidavit of sale utilized by the plaintiff in the action was sufficient to demonstrate compliance with the Massachusetts power of sale. The SJC found the affidavit in the form established by the legislature sufficient, and that judgment properly entered against the defendant since he did not present any evidence to controvert the affidavit.
The SJC issued its opinion in the case affirming the trial court's judgment in favor of the plaintiff on October 26, 2012. A copy of the slip opinion can be found at the following link: http://www.massachusettslandusemonitor.com/files/Fannie%20Mae%20v.%20Hendricks%20%28A0983100%29.PDF
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