Massachusetts Land Court Paves Way For Clearing Defective Foreclosure Titles

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Massachusetts Land Court Paves Way For Clearing Defective Foreclosure Titles

Court Uses Novel Equitable Assignment of Mortgage Theory

In what could be the first test case of a new theory to clear up defective foreclosure titles — and much welcome news for property owners stuck with toxic titles — the Massachusetts Land Court (Judge Gordon Piper) has ruled that the theory of equitable assignment of an improperly foreclosed mortgage can be used to clear title of an improperly foreclosed property.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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