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Firm Overturns Foreclosure Auction In Eviction Summary Process Defense

In Wells Fargo Bank, N.A. v. Maria Camara, et al. Ca. No. 17-SP-03379 (SE Housing Court June 2019), the Firm mounted a successful defense of a threatened eviction action, where the Firm Opposed a Motion for Summary Judgment for possession under G.L. c. 239, by identifying that the Mortgage was one insured by the FHA.

Because the Mortgage was an "FHA Mortgage", under paragraph 9 of the mortgage, Wells Fargo was first required to have a face to face meeting with the borrower.

The face to face meeting never took place, and we successfully obtained a ruling that found for possession for our client, and further finding that the foreclosure auction sale was void.

This case provides proof that all is not lost if a foreclosure action takes place, because in an eviction proceeding to remove a borrower after a completed foreclosure auction, the foreclosing entity must prove that they complied with all statutory requirements, including sufficient proof that it/they actually own the mortgage loan.

We Can Help If You Face Eviction After A Completed Foreclosure Auction Sale

At Glenn F. Russell, Jr, & Assoicates P.C., we will examine the actions that the foreclosing entity utilized in its use of the Massachusetts "non-judicial" foreclosure statute to determine legal defenses to the eviction action, which include attempting to nullify the completed foreclosure auction. We have successfully defended post foreclosure eviction complaint claims on behalf of Massachusetts borrowers, and we are prepared to use our extensive resources and knowledge of the law to represent you and your best interests. Also see our Eviction Defense page

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