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

Looks like its last closing will be its own.  We’ve just learned that National Real Estate Information Services, Inc. (NREIS), a Pennsylvania company that once provided “real estate settlement services” (i.e. real estate closings with little or no attorney involvement) is closing its doors.  NREIS is the defendant in a long-running lawsuit brought by the Real Estate Bar Association

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

Here is the Supreme Judicial Court’s decision in Eaton v. Fannie Mae, released moments ago.  It appears to require a foreclosing mortgagee to either have physical possession of the underlying promissory note or be acting as the authorized agent of the noteholder.  Crucially for real estate practitioners, the decision applies only prospectively.  More to follow shortly.

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

Theoretically, owners of registered land are entitled to rely on the information contained in their certificates of title.  To the chagrin of many, however, that is no longer the case.  In its decision this week in Williams Bros. Inc. of Marshfield v. Peck (pdf), the Appeals Court affirmed a Land Court ruling that an appurtenant easement is extinguished when the dominant

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

In this morning’s decision in Boyle v. Weiss (pdf), the Supreme Judicial Court (SJC) answered an important question certified to it by the U.S. Bankruptcy Court for the District of Massachusetts:  whether the beneficiary of a trust that holds title to residential property, where the beneficiary herself lives on the property (in this case, as a tenant of the trust), is entitled to protection under