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Blog Posts in Foreclosure Defense

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  • Firm Defends The Use of Affidavits Filed By Borrowers Under G.L. c. 183, Section 5B
    Firm Defends The Use of Affidavits Filed By Borrowers Under G.L. c. 183, Section 5B

    In recent years homeowners fighting foreclosure have sought to utilize G.L. c. 183, Section 5B to file Affidavits "to clarify the state of title". G.L. c. 183, Section 5B states as follows: "Section ...

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  • Briefs Filed In LaRace v. Wells Fargo Bank N.A. as Trustee (U.S. Bank v. Ibanez II)
    Briefs Filed In LaRace v. Wells Fargo Bank N.A. as Trustee (U.S. Bank v. Ibanez II)

    Our ongoing decade-plus defense of the LaRace family to save their home is now pending before the Massachusetts Appeals Court under Ca. No. 2019-P-1507 The Opening Briefs have now been filed in this ...

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  • Firm Petitions SJC With FAR In Obsolete Mortgage Case in Nims v. BNYM -Update 5/28/2020
    Firm Petitions SJC With FAR In Obsolete Mortgage Case in Nims v. BNYM -Update 5/28/2020

    We have previously blogged about this case , which involves a borrower's claim under G.L. c. 260, sec. 33 [Obsolete Mortage Statute ("OMS"). On Wednesday, May 13, 2020, we filed our Petition for ...

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  • Nims v. Bank of New York Mellon Appeals Court Ruling
    Nims v. Bank of New York Mellon Appeals Court Ruling

    On March 03, 2020, the Massachusetts Appeals Court issued their Opinion in Nims v. Bank of New York Mellon, Ca. No. 2019-P-0179 . see Our previous blog entry on this case here The Panel ruled against ...

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  • Firm Overturns Foreclosure Auction In Eviction Summary Process Defense
    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 ...

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  • (Updated 11/3/19) Firm Files Appeal Examining The Application of The Obsolete Mortgage Statute (G.L. c. 260 Sec. 33) To The Acceleration Date of The Note In Nims v. The Bank of N.Y. Mellon, et. al 2019-P-0179
    (Updated 11/3/19) Firm Files Appeal Examining The Application of The Obsolete Mortgage Statute (G.L. c. 260 Sec. 33) To The Acceleration Date of The Note In Nims v. The Bank of N.Y. Mellon, et. al 2019-P-0179

    In Defense of the Nims' threatened foreclosure auction, the Firm advanced argument that the Nims Mortgage was Obsolete by operation of law under G.L. c. 260, Section 33. The specific basis for the ...

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