February 5, 2013
Massachusetts Supreme Court Holds that Bank Lacks Standing to Bring SCRA Claim Against Homeowner
In HSBC Bank USA, N.A. v. Matt, 464 Mass. 193 (2013), the Supreme Court of Massachusetts found that HSBC Bank USA, N.A. (HSBC) lacked standing to proceed with its claim against the homeowner in a servicemember proceeding. HSBC initially filed … Continue reading
February 5, 2013 in Massachusetts | Permalink | No Comments
December 10, 2012
MERS Must Possess Note or Have Authority to Act on Behalf of Note Holder in Order to Foreclose, According to Massachusetts Supreme Court
In Eaton v Federal National Mortgage Association, 462 Mass. 569 (Mass. 2012), the Supreme Judicial Court of Massachusetts addressed “the propriety of a foreclosure by power of sale undertaken by a mortgage holder that did not hold the underlying mortgage … Continue reading
December 10, 2012 in Massachusetts | Permalink | No Comments
December 6, 2012
Massachusetts Supreme Judicial Court Holds that without a Recordable Assignments, MERS has no Standing
In US Bank National Ass’n v. Ibanez , 2009 WL 3297551, (MA S. Judicial Ct, 2011), the court held that a party lacks standing to foreclose when it holds a mortgage note endorsed in blank and an assignment of the … Continue reading
December 6, 2012 in Massachusetts | Permalink | No Comments
