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A recent Land Court Decision Affecting Foreclosures in Massachusetts

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?
rebas, just wondering -- how did you find that out?
Posted on: 12th Jun, 2009 09:53 am
So, rebas the judge is going to make his decision if he is going to dismiss all these cases on the 22nd?

I think it would just be faster for these banks to just re-foreclose all these homes the right way, instead of waiting around for this judgeI herd he was supposed to make his decision before he went on vacation on Thursday but that obviously didnt happen!
Posted on: 12th Jun, 2009 11:17 am
reforeclosure takes months to do. Hopefully this judge won't take months longer!! Also it isn't garuanteed that he will make a decision on the 22nd. Who knows what he will do.
Posted on: 12th Jun, 2009 11:36 am
Seller asked me to be patient until then, they said that's when they would know more. Doesn't necessarily mean they will actually have the ruling then, the people I'm dealing with might just be waiting that long to make up their minds with what they are going to do. But they said they'd have more info then, and two weeks sounds like a reasonable timeline for these things.

I've been trying to see if I can find the exact date somewhere, I might check with the court to see what the next date the case is on the docket. If I know more I'll put it here as soon as I can.
Posted on: 12th Jun, 2009 11:56 am
gmorin heard directly from the judge's clerk -- maybe he's the best source (a few pages back on this thread). And rebas, I've been hearing "just be patient" since April, so take what the seller told you with a grain of salt!
Posted on: 12th Jun, 2009 12:14 pm
I am in a different situation, purchased a foreclosure before the Judge Long decision and actually closed. Now I have the property sold and am being told that I can't sell because the title companies do not want additional exposure.
Posted on: 14th Jun, 2009 09:16 am
My fiance and I are getting married in October, and set about finding our first home a couple of months ago. Today we found one we love, and at a price we can afford, but found out it is subject to this Ibanez issue... so now I am confused and frustrated, but still optimistic... And very happy that I went straight to the net to research it and stumbled onto this site where all of you have provided great information!

So where do we go from here, knowing up front what unfortunately it seems like too many people are finding out post- P&S?? Should we not be offering on this house until we know the title is clear? If we do offer and they accept, could we lose the house at auction during the re-foreclosure?! We were not ready for all of this! I sincerely hope that this generates some media attention and puts some pressure on the issue to get it resolved quicker, great idea to write to the judge and contact the news!
Posted on: 14th Jun, 2009 05:59 pm
malilyfae1 - sorry to hear you are now part of the Ibanez Club! We all have been told that if we love our houses to wait out the Ibanez case. However if you don't want the wait, headaches, and issues that we are all dealing with than I'd suggest you find a property that is not being affected by the Ibanez case.

As silly as this sounds, I visit 'my house' as often as I can to remind me why I'm waiting. It truly is the house of our dreams! It's worth the wait for us, you need to determine if it is worth it to you!

Yes, from what I've heard you can lose the house at auction if the house goes through foreclosure again. We are hoping that the judge will overturn his decision or at least ammend it with specific guidelines that will free those that were already under agreement before his initial ruling..WHO KNOWS!?
Posted on: 15th Jun, 2009 05:11 am
I contacted Judge Long's office for updates. Here is what I found out:

Good Morning Ms. Morin,

An extension has been granted until June 29th for two of the parties to file responses to the plaintiffs' supplemental submissions that were filed on June 8th. Once these responses are filed, the matter will be placed under advisement and Judge Long will begin working on a decision as quickly as he is able. There will be no further extensions granted, so June 29th is the operative date. You may feel free to check back with me just after that date and I'll see if I have any updated information regarding a decision for you.

Sincerely,

Scott
Posted on: 15th Jun, 2009 06:34 am
Thanks for the update gmornin, Hopefully a decision is made by the end of the month!
Posted on: 15th Jun, 2009 06:58 am
These extensions are rediculous! Just so I'm clear, the possible outcomes are the following:

1) Judge Long can completely overturn his decision, allowing all forclosures to move forward.

2) Judge Long can decide that only forclosures that were under agreement at the time of his decision can move forward.

3) Judge Long can decide that forclosures made previous to his decision (whether under agreement or not) can move forward, and all forclosures moving forward must meet the new guidelines.

4) He can screw us all and not overturn anything.

Are those all the possibilities?

Also - does anyone know what the new guidelines are?
Posted on: 15th Jun, 2009 08:28 am
Hey Everyone, I believe the bank is proceeding with the re-foreclosure process on a home i was under agreement with. Does anyone know if they go though the entire process ... including public auction?? the foreclosure has been set to the end of July will they auction it off around that time?
Posted on: 15th Jun, 2009 01:02 pm
What happened with Help me Hank? Did anyone hear from the producer? Are they going to move forward?
Posted on: 15th Jun, 2009 05:49 pm
Foiled in our attempt to buy one house because of an improperly done forclosure, we made an offer on another house, owned by Wells Fargo. It was made clear that this property was in the process of being re-foreclosed. Wells Fargo also made it clear that we were expected to file a credit application with then, which I did online. Got a flattering reply within about to hours. Two days later, they removed the house from the market. The listing realtor said he'd resisted advertizing the house without a clear title, but the bank had insisted.
I've noticed wells Fargo recently listing too-good-to-be-true bargain houses, then seeing them vanish from the listings. Seems somehow fraudulent to dangle these houses as bait just to collect credit information!
Posted on: 15th Jun, 2009 07:35 pm
It sounds that a lot of you are having specific issues with Wells Fargo. Thankfully the house we are 'trying' to purchase is not owned by Wells Fargo. It sounds like Wells Fargo is doing some very sketchy dealings.

I'm contacting the producer of Help Me Hank today and will post an update once I have one. Last I spoke to her, they were definitely still interested in doing the story. They also spoke to a couple of you (i think) and were scheduling interviews for this week. Hopefully they will run the story before the end of the month. those of you with Wells Fargo dealings should be reaching out to Help Me Hank too in my opinion. It seems that those are the ones really getting screwed in this situation. Just my 2cents.
Posted on: 16th Jun, 2009 05:39 am
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