From the category archives:

Foreclosure

Ibanez Foreclosure Case Update: Appellate Briefs Filed

August 19, 2010
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The briefs in the US. Bank v. Ibanez foreclosure case in the Supreme Judicial Court have been filed. Here is a link to the Ibanez side brief. Here is the lenders’ brief. The case is still set for oral argument in October, with a decision expected in late Fall, early Winter.

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Massachusetts Senate Passes Foreclosure Protection, Homestead Update, and Consumer Protection Bills

May 5, 2010
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Update (June 28, 2010): The bill is heading up to Gov. Patrick’s office for approval. The Massachusetts Senate recently passed wide-ranging legislation that updates the homestead law, protects tenants in foreclosed properties from arbitrary evictions, criminalizes mortgage fraud and certain unsolicited loans. The legislation, part of a series of consumer protection bills that passed the [...]

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Will Short Sales Get A Boost From Obama’s HAFA Program?

April 20, 2010
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The Obama Administration’s Home Affordable Foreclosure Alternative program, known as HAFA just kicked off on April 5th. The HAFA program promises to streamline short sale transactions. However, read the fine print, and there are a lot of unanswered questions about the program and how it will affect short sale transactions in the “trenches.” Is the [...]

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More Legal Commentary On Ibanez Foreclosure Decision From Real Estate Attorneys

April 17, 2010

Reporter Steven Altieri of the real estate trade journal Banker & Tradesman recently published an article on the Ibanez foreclosure case, Impending SJC Ibanez, Title Ruling May Invalidate Thousands Of Foreclosures, Why Real Estate Attorneys Expect The Worst, And What It Means To The Industry. Since we’ve written about the case extensively here, Steve asked [...]

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Controversial Ibanez Foreclosure Case Heading Up To Massachusetts Supreme Judicial Court

March 23, 2010
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Update (July 27, 2010): Oral argument is scheduled for October 7, 2010. Good news for those eagerly following the controversial U.S. Bank v. Ibanez case, which invalidated thousands of foreclosures across the state. On March 22, the Massachusetts Supreme Judicial Court (the highest appellate court in the state) agreed to take the case on direct [...]

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Ibanez Foreclosure Case Heading To Massachusetts High Court?

February 22, 2010
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Update (3/24/10): SJC Accepts Ibanez Case For those of you following the controversial U.S. Bank v. Ibanez case, which invalidated potentially thousands of foreclosures across the state, both sides last week asked the Massachusetts Supreme Judicial Court to take the case — as I originally predicted. The SJC’s acceptance of the case would cut months [...]

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Massachusetts Real Estate Law Year In Review: Top Posts Of 2009 And Predictions For 2010

December 28, 2009
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In the spirit of the New Year, let’s look back at the top legal issues of the past year and peer into the crystal ball for a glimpse at 2010. Top 5 Posts For 2009 #1.  The Catch-22 Impact of New Fannie Mae Condominium Regulations. In January, Fannie Mae was the first government agency to [...]

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Ibanez Ruling Foreclosure Update: Nothing Much To Report

December 23, 2009
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Update (2/25/10)–Mass. High Court May Take Ibanez Case I’ve been asked several times recently for an update on the status of Land Court judge Keith Long’s controversial ruling in U.S. Bank v. Ibanez, which invalidated thousands of foreclosures across Massachusetts. Click here for my prior post on the case. Unfortunately for those affected by the [...]

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With Real Estate, Tough Options For Massachusetts Divorcing Spouses In This Economy

December 2, 2009
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Divorce, unfortunately, often plays a major role in real estate transactions and decisions. The tough economy has added insult to injury for those unfortunate souls facing divorce in Massachusetts. Quincy, Massachusetts Divorce and Family Law Attorney Gabriel Cheong offers great advice on his blog, the Massachusetts Divorce Lawyer Blog, about what to do if you [...]

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Short Sales Get Boost From New Obama Treasury Guidelines

December 1, 2009

The Obama administration on Monday set long-awaited guidance on a plan for mortgage companies to speed up short sales of homes and other loan modification alternatives to stem the rising tide of foreclosures. The Home Affordable Foreclosure Alternatives Program (HAFA) provides financial incentives and simplifies the procedures for completing short sales, a growing practice in [...]

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Lenders To Appeal Controversial Ibanez Foreclosure Ruling Of Massachusetts Land Court

November 3, 2009

Banker and Tradesman is reporting that Wells Fargo and U.S. Bank will appeal the controversial U.S. Bank v. Ibanez Massachusetts Land Court decision that stung the lenders earlier this year by invalidating two foreclosures in Springfield because of improperly recorded mortgage assignments. Lenders filed the appeal on Oct. 29, according to Lawrence Scofield, a senior [...]

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Massachusetts Land Court Reaffirms Controversial Ibanez Ruling Invalidating Thousands Of Foreclosures

October 14, 2009
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Update (2/25/10)–Mass. High Court May Take Ibanez Case Today, Massachusetts Land Court Judge Keith Long reaffirmed his controversial ruling made back in March 2009 that invalidated foreclosure proceedings involving two Springfield homes because the lenders did not hold clear titles to the properties at the time of sale. A copy of the decision can be [...]

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Massachusetts Land Court Ruling in Ibanez Foreclosure Case Reportedly “Imminent”

October 9, 2009

Breaking News (10/14/09)–Land Court Reaffirms Ruling Invalidating Thousands of Foreclosures. Click here for the complete decision and analysis. Boston Globe reporter Jenifer McKim today is reporting that Massachusetts Land Court Judge Keith Long’s much anticipated ruling in the Ibanez v. U.S. Bank case, which invalidated thousands of foreclosures across the state, could come as early [...]

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Ibanez Update: Massachusetts Land Court Decision Invalidates Foreclosures Based On Post-Sale Assignments

August 27, 2009
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Update (2/25/10)–Mass. High Court May Take Ibanez Case Breaking News (10/14/09)–Land Court Reaffirms Ruling Invalidating Thousands of Foreclosures. Click here for the updated post. In late March of this year in the case of U.S. Bank v. Ibanez, Massachusetts Land Court Judge Keith C. Long issued one of the most controversial rulings in recent years [...]

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Massachusetts Foreclosures Down Almost 60%, A Good Sign or Statistical Aberration?

June 30, 2009
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The Boston Globe is reporting that foreclosures in Massachusetts took a steep dive in May, the second consecutive month they have fallen, according to data released yesterday by Boston real estate tracking firm Warren Group. According to the Globe, there were 582 foreclosure deeds recorded in May, a 58.6 percent decrease from 1,405 during the [...]

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