The Supreme Judicial Court to the Massachusetts Senate: can you please rephrase? That’s the gist of the Opinion of the Justices to the Senate, SJC-12092, issued May 26, 2016. The Senate had asked the Court to answer the following question: “Does House No. 753...
Month: May 2016
A New, Albeit Unsuccessful, Case Challenging Attorneys’ Authority to Foreclose on behalf of the Mortgagee
In a new decision, the Supreme Judicial Court has analyzed another provision of the mortgage foreclosure by power of sale statute, G.L. c. 244, § 14, in a challenge by a former homeowner to such a foreclosure sale. Specifically, the Court considered the difference...
Another Bankruptcy Notary Case, But This Time The Bank Prevails
In a recent decision which we hope indicates that the Bankruptcy Court is less open to the bankruptcy trustees’ ever-creative arguments for avoiding mortgages, the United States Bankruptcy Court for the District of Massachusetts, Eastern Division, recently turned down...
Yes, in MA: Homestead Exemption Successfully Claimed by Holder of the Beneficial Interest in a Resulting Trust
In what appears to be an issue of first impression, the United States Bankruptcy Court for the District Of Massachusetts, Western Division, has determined that the beneficiary of a court-imposed resulting trust may claim the homestead exemption in bankruptcy. The...