Massachusetts Foreclosing Lenders Must Possess Valid Assignments of Mortgages by Thomas J. Enright, Esq., Charles A. Lovell, Esq., and Patricia Antonelli, Esq.

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On October 14, 2009, Judge Keith C. Long of the Massachusetts Land Court held that foreclosing lenders in Massachusetts must possess valid assignments of mortgages in recordable form prior to publishing or mailing notices of foreclosure sale. Judge Long’s decision in U.S. Bank Nat’l Assoc. v. Ibanez (“Ibanez”) carries the possibility of voiding hundreds, if not thousands of foreclosure sales throughout the Commonwealth due to the fact that various foreclosure law firms routinely used assignments executed after the notice of sale, and oftentimes after the sale itself.

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