In what can only be described as a complete win for the National Park Service, and those residents of Boston that wished to see Long Wharf remain open to the public, the United States District Court for the District of Massachusetts has granted summary judgment in...
Month: August 2015
Mortgage Notary Acknowledgments Continue to Present Problems for Creditors in Bankruptcy Proceedings
Mortgage notary acknowledgments are still causing issues in bankruptcy, as seen in two recent cases. In both, the US Bankruptcy Court for the District of Massachusetts addressed the sufficiency of two allegedly defective notary acknowledgments which were challenged...
No Ownership Of or Compensation For Fixtures (aka Summer Homes) On Leased Land
In what must have been a truly bad day for two lessees of property on Conomo Point, the Appeals Court determined in Brian M. Touher v. Town of Essex that the two buildings at issue had become the property of the Town of Essex, and were not property of the purported...
MERS Chalks Up Another Win
Mortgage Electronic Registration Systems, Inc., more commonly known as MERS, has yet again has it practice of declining to record assignments of notes among banking institutions in local registries of deeds upheld by a court. The Montgomery County, Pennsylvania,...