Posted on: 09th Apr, 2009 09:00 am
A recent Land Court decision that is currently a hot topic of discussion among conveyancers and underwriters in Massachusetts. Essentially, the court has invalidated any foreclosure sales where the mortgagee did not hold the mortgage via an unambiguous assignment dated prior to the date of sale. I have seen similar decisions coming out of bankruptcy courts, but this is the first time that a state court in Massachusetts has opened on this subject with such great detail. While most of New England states have judicial foreclosures, and the issue of the mortgagee's identity may be resolved by the court prior to the sale, I wanted to share this recent development in Massachusetts with you.
Does anyone have any information re: this change?
Does anyone have any information re: this change?
Thanks for asking. I am told by my attorney that I should be able to sell or re-fi. My title Ins. Co. tells me they will insure over the tilte. I placed the house for sale and I have accepted an offer. My realtor did not list include in the listing that there is a title issue as he is going on the word of the attorney that stated I a should be OK to sell. I am keeping my fingers crossed. Would love to get out of this huge mess.
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