Last week, in a Massachusetts Land Court decision, Judge Long issued a Memorandum and Order denying the motions to vacate the previous judgments that he had entered in the consolidated cases of U.S. Bank National Association v. Ibanez and Wells Fargo Bank v. Larace (both referred to hereinafter as the "Ibanez" decision), thereby reaffirming his earlier decision in Ibanez, which invalidated the foreclosure sales because the foreclosing entities were not the mortgage holders "at the time" of the foreclosure, nor did they have a valid assignment of the mortgage pursuant to Massachusetts law. Judge Long rejected the banking industry's arguments in favor of a strict construction of the requirements that need to be followed by a foreclosing party under M.G.L. c. 244 Section 14.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Residential Real Estate Updates
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.
© Warren Kirshenbaum, Transactional Law Group, P.C. | Attorney Advertising