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Missing Name in Notary Acknowledgment Really Means Bad Mortgage in Massachusetts »

Incomplete notary acknowledgment can destroy a mortgage’s enforceability against third parties

MERS Note Assignments »

An investigation into a foreclosure defense will include tracing the rights to a mortgage and its underlying promissory note.  MERS is very careful to only execute assignments of mortgages and not of notes.  I’ve never seen it assign a note, and I’m reliably informed that MERS’ bylaws prohibit it from owning rights to a note.
(A promissory [...]

Transferring Rights to a Note »

Foreclosure defense requires tracing the rights to a mortgage to make sure that the foreclosing party has the right to foreclose. It also requires tracing rights to the payment obligation represented by the underlying promissory note, to insure that the foreclosing party is actually owed the money.
(A promissory note is a payment obligation.  A mortgage [...]

Second Mortgages and Bankruptcy »

You can get rid of a wholly unsecured mortgage in a Chapter 11 or Chapter 13 bankruptcy case.  In the Eastern District of New York, you can also do this in a Chapter 7 filing.  In re Lavelle, Bankr LEXIS 3795 (Bankr SD NY 2009).
A wholly unsecured mortgage is one where there is no home value [...]

Selecting the Right Lawyer »

Take a breath.  Slow down.  You know better.  Don’t act from panic, act from common sense.
You select an attorney the same way you make any other important decisions.  Ask questions, lots and lots of questions.  How many cases have you worked on?  What were the outcomes?  How long have you been working in the specific [...]

Massachusetts Foreclosures »

A Google search for” Massachusetts foreclosures” won’t easily get you to the information you need, such as what defenses do you have, how long is the foreclosure process, and how long can you stay after the foreclosure sale.
I know.  I’ve just tried it.  I got a long list of properties being sold through foreclosure, targeted [...]

Foreclosure Litigation is No Miracle »

There are realistic hopes with foreclosure litigation.  It can stall a foreclosure and lead to an affordable resolution. 
There are also unrealistic hopes.  A deceptive adjustable rate mortgage doesn’t hurt you if you can’t pay the original payment.  An unenforceable retroactive assignment probably won’t help you if your foreclosure begins after the date of the assignment.  [...]

Get Rid of a Second Mortgage »

A Chapter 13 bankruptcy filing can get rid of a second mortgage if the balance of the first mortgage is greater than your home’s value.  So can a Chapter 7 filing, in some places.
You’re having trouble paying the mortgage, especially for a home that has fallen in value, but you can’t think about moving because [...]

Daily Interest Mortgage Loans Are Dangerous »

Daily interest mortgage loans can cause the loss of your home.

Foreclosure Timetables »

You’ve received a letter threatening foreclosure, but you don’t have to move immediately. Thank Heavens !!
Here’s my Massachusetts Foreclosure Timeline, and here’ s my Post-Foreclosure Eviction Timeline. 
Now that your questions are answered, you also need to explore whether you have a defense to your expected foreclosure. Many times, the party doing the foreclosure does not [...]

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