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

By: Ibanez Foreclosure Case Heading to Massachusetts Supreme Judicial Court | The Massachusetts Real Estate Law Blog

Tue, 23 Feb 2010 04:36:32 +0000

[...] here for my post on the first ruling and here for my post on the second ruling in the Ibanez [...]

By: Who Is Mortgage Electronic | Foolish Fish

Who Is Mortgage Electronic | Foolish Fish — Sat, 09 Jan 2010 18:29:58 +0000

[...] Interesting Blog Article [...]

By: Richard D. Vetstein, Esq.

Richard D. Vetstein, Esq. — Wed, 23 Dec 2009 02:33:14 +0000

John, I hear that the case is in a holding pattern. The lenders have hired the super law firm of KL Gates for the appeal. The attorneys are currently assembling the record for the appeal. I would bet that the lenders will file an application for direct appellate review with the SJC. Given the current make-up of the SJC, my prediction is that they will side with the consumer on this.

It may not matter that much as lenders have been re-doing their foreclosures with the assignments up to date.

Richard D. Vetstein, Esq.

By: john

john — Wed, 23 Dec 2009 00:26:34 +0000

Good evening Rich,
Could you tell me if there is anything new with this. Do you have any insight or opinions on which way it will go ?
Thank You
John

By: Richard D. Vetstein, Esq.

Richard D. Vetstein, Esq. — Tue, 03 Nov 2009 15:06:20 +0000

The lenders have appealed the Land Court’s ruling. So the case will now go to the Appeals Court. The appellate process will take many months to resolve, unfortunately.

By: Becky

Becky — Tue, 03 Nov 2009 14:21:41 +0000

Have there been any recent updates to this ruling? I have been trying to purchase a foreclosed home for 4 months now and have been unable to because of this situation. The previous owners want nothing to do with the property and it seems like a big waste of time!

By: John

John — Sat, 17 Oct 2009 00:00:59 +0000

I purchased a forclosed home last November. I tried to re-fi recently and two hours prior to closing the attorney called and told me we could not close and he was not sure when it would close if ever. Thats when I learned of this mess. After reading many articles on the subject .. I have a much better understanding of what is going on.
I have spoken to several attorneys and RE Brokers and the responses from them differ on my situation. Most tell me that I am the owner of record and I dont have a single thing to worry about. And others say that I may not own the home.
When I purchased the house I was given a mortgage and Title Insurance.
The Title Ins. Co. has committed to insuring the Re-Fi but the bank wont close .
Do you have any thoughts on my situation ?
Sincerely
John

By: Massachusetts Land Court Reaffirms Controversial Ibanez Ruling Invalidating Thousands Of Foreclosures | The Massachusetts Real Estate Law Blog

Wed, 14 Oct 2009 20:26:21 +0000

[...] I outlined in my prior post on this case, the problem the Land Court dealt with in this case is what happens when modern [...]

By: Massachusetts Land Court Ruling in Ibanez Foreclosure Case Reportedly Imminent | The Massachusetts Real Estate Law Blog

Fri, 09 Oct 2009 20:31:25 +0000

[...] lenders failed to show proof they held titles to the properties through valid assignments. Click here for my prior post on the case. A copy of the case can be found [...]

By: Richard D. Vetstein, Esq.

Richard D. Vetstein, Esq. — Sun, 30 Aug 2009 12:01:06 +0000

Assuming you can find them…

Rich

By: Rich Rosa

Rich Rosa — Sun, 30 Aug 2009 01:10:57 +0000

Another option may be to ask the owners that were foreclosed on to sign a release deed.