Try Title Action Not Available to Challenge Foreclosure

Today the SJC issued its decision in an important case to those following the fallout of the mortgage foreclosure crisis.  In Abate v. Fremont Investment & Loan, et al., the Court effectively eliminated one of the methods homeowners have been using to challenge allegedly invalid foreclosures of their homes.  The Court determined that a valid foreclosure of property prevents a try title action, as only property owners may bring a try title action.  The Court also determined that a try title action cannot be brought to challenge the majority of impending foreclosures.  After this decision, homeowners who wish to challenge the foreclosure of their property must seek an alternate route.

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