Posted by George E. Bourguignon, Jr., Foreclosure defense attorney.
The Massachusetts Supreme Judicial Court has issued its long awaited decision related to foreclosure defense: US Bank, N.A. v. Ibanez. This decision was decided in the consumer's favor and ruled that the prior foreclosures that occurred in Springfield, Massachusetts were not proper. The court affirmed that the banks did not have title to the mortgage when they published the required notices of the expected foreclosure sale or actually conducted the foreclosure sale. It is reported that this case will establish that many prior foreclosures were conducted improperly.
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