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The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the...more

Rhode Island Supreme Court Requires Strict Compliance with Notice of Default Requirements in Mortgage, Following Federal Courts

On June 2, 2020, the Rhode Island Supreme Court issued its long-awaited decision regarding the requirements of declaring a default and acceleration under the requirements of paragraph 22 of the standard mortgage form. See...more

Expansive New Massachusetts Law Upends Process for Residential Evictions and Foreclosures in Wake of COVID-19, Effectively Alters...

Massachusetts has passed an expansive law aimed at protecting tenants and homeowners during the COVID-19 emergency – “An Act Providing For A Moratorium On Evictions And Foreclosures During The COVID-19 Emergency” (“Act”). ...more

Massachusetts Appeals Court Holds That a Tenant who is a Complete Stranger to Title Has Standing to Challenge the Validity of a...

On October 24, 2019, the Massachusetts Appeals Court issued a decision holding that any tenant in possession of the property post-foreclosure has standing to challenge the validity of the foreclosure. U.S. Bank Trust, N.A....more

12/13/2019  /  Eviction , Foreclosure , Standing , Tenants

First Circuit Invalidates Foreclosure for Paragraph 19 Non-Compliance in Pre-Foreclosure Cure Notice Despite Notice’s Factual...

Overview: The United States Court of Appeals for the First Circuit recently held that a notice of default and right to cure (“Cure Notice”) potentially misled the borrowers regarding the precise amount of time that the...more

2/25/2019  /  Borrowers , Foreclosure , Lenders , Mortgages

District of Rhode Island requires compliance with face-to-face meeting before foreclosure but allows constructive compliance...

The United States District Court for the District of Rhode Island continues to render decisions concerning the face-to-face meeting requirement. In two recent decisions, the Court found that holding a face-to-face meeting...more

Federal Court Finds Foreclosing Mortgagees Must Strictly Comply with “Paragraph 22” Under Rhode Island Law, Consistent With Recent...

The United States District Court for the District of Rhode Island recently decided that a mortgagee must strictly comply with paragraph 22 of the mortgage in order to obtain a valid foreclosure in Rhode Island. Martins v....more

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