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

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

In its decision issued this morning in JPMorgan Chase & Co. v. Casarano (pdf), the Appeals Court affirmed a Land Court ruling that, because the promissory note secured by a certain second mortgage can’t be found, that mortgage is unenforceable and must be deemed discharged.  The defendant second mortgage holder argued that enough of the terms of the missing note could