First Circuit Considering Certification of Defective Mortgage Notary Clause Issue to SJC

The First Circuit Court of Appeals case of Bank of America, N.A.  v. Debora A. Casey, Chapter 7 Trustee for Alvaro M. Pereira (1st Cir. Case No. 14-2115), on appeal from the U.S. District Court (MA), concerns defective notary acknowledgments in recorded mortgages, and the effect of a G.L. c. 183, § 5B affidavit.  The Court has indicated that it intends to certify questions of law concerning the notice given by such a mortgage, and a § 5B affidavit, to the SJC.  The SJC's response to the certified questions has the potential to upend a line of Bankruptcy and US District Court (MA) cases holding that a bankruptcy Trustee may avoid such a mortgage.

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