Educational opportunities abound this spring!  Next Tuesday, April 2, 2013, at the Massachusetts Continuing Legal Education (MCLE) headquarters in Downtown Crossing, my current Rackemann colleague and fellow MLUM contributor Gordie Orloff, and my former Rackemann colleague, Land Court Justice Robert B. Foster, will be among the panelists in a program entitled, “Resolving Common & Complex Title Issues.”  Among other topics, this program will cover how to spot

The Supreme Judicial Court (SJC) is soliciting amicus briefs in Galiastro v. Mortgage Electronic Registration System, Inc., an appeal that presents the issue of whether the defendant, MERS, has standing to foreclose in its own right as the named mortgagee in a mortgage, when it does not have any ownership interest or rights in the underlying promissory note.  The SJC

Just when we thought the Supreme Judicial Court’s Eaton decision (see our post here) had resolved the last big question regarding foreclosure requirements, another case is providing new foreclosure fodder.  Recently, the SJC requested amicus briefs in Federal National Mortgage Association v. Hendricks, SJC-11234.dog 

In this case a mortgagor, Hendricks, was evicted after his home was foreclosed.  He appealed, arguing that Mortgage Electronic

Last Friday the Supreme Judicial Court (SJC) issued its anxiously-anticipated decision (pdf) in Eaton v. Fannie Mae.  The decision is written by Justice Margot Botsford.

As foreshadowed in our previous posts here and here, Eaton resolves the debate among lower Massachusetts courts and federal judges over whether Massachusetts law requires a foreclosing mortgage holder to also hold

Rumor has it that the Supreme Judicial Court will issue its long-awaited decision in the case of Eaton v. Fannie Mae later this morning.  One crucial issue presented is whether a foreclosing mortgagee must hold both the mortgage and the note.  For some background, see my colleague Gordie Orloff’s prior post here.  We will bring you this potentially explosive

In a ruling that may presage the Massachusetts Supreme Judicial Court’s eagerly awaited decision in Eaton v. Federal National Mortgage Association (see our related posts here and here), a divided Supreme Court of Michigan has reversed a Court of Appeals decision that required Mortgage Electronic Registration Systems, Inc. (MERS) to hold both the promissory note and the

The Supreme Judicial Court (SJC) apparently is concerned about the potential consequences of ruling in Eaton v. Fannie Mae (see our prior post here) that a foreclosing mortgagee must hold both the mortgage and the underlying promissory note (see our discussion of this issue, and Land Court Judge Gordon H. Piper’s recent message to the SJC, here).  On January 6, the SJC entered

In two decisions issued this fall and published this week in Massachusetts Lawyers Weekly, the U.S. District Court in Massachusetts rejected all claims of plaintiffs challenging the foreclosure of their properties.lump of coal

In Archambault v. Aurora Loan Services, LLC (pdf), the plaintiffs tried to stop the foreclosure of their home by filing suit claiming that the defendant lacked authority to foreclose because

In previous posts (here and here) we’ve discussed the question of whether ownership of the mortgage and the note must be unified in the same person.  Superior Court Judge Cornelius Moriarty has now weighed in, with his split decision on the defendants’ motion to dismiss in Mack v. Wells Fargo Bank, N.A., 29 Mass. L.