Mass. Has New Requirements For Foreclosing Mortgagees

Publisher: Law360

July 28, 2015

Day Pitney Author(s) Thomas J. O'Neill Darian M. Butcher Joy Harmon Sperling

Tom O'Neill, Darian Butcher and Joy Harmon Sperling authored the article, "Mass. Has New Requirements For Foreclosing Mortgagees," in Law360. The article focuses on the significance of the decision by the Supreme Judicial Court of Massachusetts in Pinti v. Emigrant Mortgage Co. In that decision, the Court ruled that Emigrant Mortgage Co. Inc.'s failure to notify the mortgagors of their right to initiate a pre-foreclosure lawsuit rendered void, rather than voidable, Emigrant's subsequent exercise of its power of sale and the conveyance of the property by foreclosure deed to a bona fide purchaser. The Court further found that mortgagees are required to strictly comply with the terms of a mortgage and provide the necessary notices to mortgagors.

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