Title Defects

A New Chapter M for Mortgage Bankruptcy?

by Rich Vetstein 02.02.2011 Bankruptcy
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I recently came across a very provocative and interesting idea to address the foreclosure and bankruptcy crisis: a new Chapter M for Mortgage bankruptcy. As described on FireDogLake: “Prof. Adam Levitin has proposed this with his Chapter M for Mortgage bankruptcy. It would remove foreclosure actions from state court to federal bankruptcy court. Successful petitions [...]

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More Analysis Of The Impact of U.S. Bank v. Ibanez Decision: VIDEO

by Rich Vetstein 01.29.2011 Foreclosure

Harold Clarke, Esq., Senior Underwriter for Westcor Title Insurance Company–New England say the U.S. Bank v. Ibanez decision could be one of the most important real estate decisions in recent memory. He explains how it will impact the Massachusetts real estate market, and what may happen in the future. Also check out Westcor New England’s [...]

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Dealing With The Mess U.S. Bank v. Ibanez Left Behind: SJC To Consider Sale After Invalid Foreclosure

by Rich Vetstein 01.22.2011 Foreclosure
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Breaking News (10/18/11): The Court has issued its opinion, affirming the Land Court’s dismissal. For a full analysis, click here. The Massachusetts Supreme Judicial Court has taken up an appeal about whether a home buyer can rightfully own a property if the bank that sold it to him didn’t have the right to foreclose on [...]

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A Title Insurance Underwriter’s View On Massachusetts Foreclosure Practice After The Ibanez Ruling

by Rich Vetstein 01.12.2011 Foreclosure

Guest Post By Harold Clark, Esq., New England Regional Counsel for Westcor Land Title Insurance Company. On January 7, 2011, the Supreme Judicial Court (SJC) rendered its decision in the U.S. Bank v. Ibanez case. Before discussing the Court’s decision, here is a brief review of the procedural history of the case. The Land Court’s [...]

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Apocalypse Now? Will The Massachusetts Ibanez Case Unravel Widespread Irregularities In The Residential Securitized Mortgage Market?

by Rich Vetstein 01.08.2011 Foreclosure
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Breaking News (10/19/11): SJC Rules Purchaser Of Ibanez Property Left Without Valid Title in Bevilacqua Case (click for more info) Barely 24 hours old — the Massachusetts Supreme Judicial Court’s U.S. Bank v. Ibanez decision is already a huge national story. The high court ruled that two foreclosures of sub-prime mortgages were null and void [...]

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Breaking News: U.S. Bank v. Ibanez Foreclosure Ruling Upheld: An Indictment Of The Securitized Mortgage System

by Rich Vetstein 01.07.2011 Foreclosure
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“[W]hat is surprising about these cases is … the utter carelessness with which the plaintiff banks documented the titles to their assets.” –Justice Robert Cordy, Massachusetts Supreme Judicial Court Today, the Massachusetts Supreme Judicial Court (SJC) ruled against foreclosing lenders and those who purchased foreclosed properties in Massachusetts in the controversial U.S. Bank v. Ibanez [...]

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Battle Between Massachusetts Closing Attorneys vs. Settlement Service Providers Argued Before SJC

by Rich Vetstein 11.02.2010 Closings
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Breaking: SJC Rules In Favor Of Real Estate Attorneys Billion Dollar Mass. Closing Industry At Stake Today, the Massachusetts Supreme Judicial Court heard arguments in the closely watched case of The Real Estate Bar Association of Massachusetts, Inc. (REBA) v. National Real Estate Information Services, Inc. (NREIS). This case pits Massachusetts real estate closing attorneys versus out [...]

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50 Ways To Lose Your Home, And Only One Way To Protect It, An Owner’s Title Insurance Policy

by Rich Vetstein 09.28.2010 Massachusetts Real Estate Law
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She said it’s really not my habit to intrude Furthermore, I hope my meaning won’t be lost or misconstrued But I’ll repeat myself, at the risk of being crude There must be fifty ways to leave your lover Fifty ways to leave your lover “50 Ways To Leave Your Lover” (c) Paul Simon 50 Ways [...]

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Pay Extra Attention To Mortgage Financing Contingency Clauses During Today’s Credit Crunch

by Rich Vetstein 09.06.2010 Massachusetts Real Estate Law
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Today’s strict lending and underwriting environment has resulted in quite a few delays and even losses of buyers’ financing for home purchases. Loan commitment deadlines are being pushed back due to underwriting delays, regulatory compliance and appraisal issues, among other delays. The worst case scenario for any borrower is the wholesale rejection of financing in [...]

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When Good Fences Make Upset Neighbors: Adverse Possession Law In Massachusetts

by Rich Vetstein 06.02.2010 Adverse Possession
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Robert Frost once said “good fences make good neighbors.” When that fence encroaches over a neighbor’s property line, that neighbor can turn from good to upset very quickly. When boundary or encroachments disputes arise, a little known legal doctrine often comes into play:  adverse possession. Adverse possession is a common law concept in Massachusetts under [...]

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Controversial Ibanez Foreclosure Case Heading Up To Massachusetts Supreme Judicial Court

by Rich Vetstein 03.23.2010 Foreclosure
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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 Ruling Foreclosure Update: Nothing Much To Report

by Rich Vetstein 12.23.2009 Foreclosure
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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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Massachusetts Land Court Reaffirms Controversial Ibanez Ruling Invalidating Thousands Of Foreclosures

by Rich Vetstein 10.14.2009 Foreclosure
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Breaking News (1.7.11): Mass. Supreme Court Upholds Ibanez Ruling, Thousands of Foreclosures Affected Click Here For Our Entire Series Of Post On the Ibanez Case 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 [...]

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

by Rich Vetstein 10.09.2009 Foreclosure

Breaking News (1.7.11). Mass. High Court Affirms Ibanez Ruling 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 as today. Previously, in late March of this year [...]

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

by Rich Vetstein 08.27.2009 Foreclosure
Massachusetts Ibanez foreclosure decision Land Court

Breaking News (1.7.11): Mass. Supreme Court Upholds Ibanez Ruling, Thousands of Foreclosures Affected 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 [...]

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There’s Nothing “Standard” About The Massachusetts Standard Form Real Estate Purchase And Sale Agreement

by Rich Vetstein 08.21.2009 Condominium Law
Standard Form Massachusetts Real Estate Purchase Sale Agreement

Anything But “Standard” Home buyers sign a never ending pile of legal documents to purchase a home. But arguably the most important document in the entire transaction is the Massachusetts purchase and sale agreement. The purchase and sale agreement is signed after the Offer to Purchase is executed, and spells out the parties’ responsibilities during [...]

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Title Insurance Demystified

Massachusetts Title Insurance by Rich Vetstein 08.11.2009 Massachusetts Real Estate Law

In my opinion, title insurance is an absolute necessity in every real estate conveyance transaction. The problem is that most home buyers don’t know what title insurance is or what it covers, and only see it for the first time on the closing settlement statement. Closing attorneys and title insurance companies need to do a [...]

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