Under Massachusetts G.L. c. 244 s. 35A, when a borrower defaults on a mortgage, the lender is required to send the borrower a notice of default containing certain disclosures, including, among other things, the amount past due, the possibility of foreclosure, and government resources for possible assistance. Lenders are required to use a form for … More SJC Resolves Massachusetts Pre-Foreclosure Notice Issue
In Riverview Apartments LLC v. City National Bank Mass. App. No. 19-P-660 July 29, 2020, the court found that the mortgagor, Riverview, had a claim under G.L. c. 93A s.11 because it may have suffered a loss of money or property in that the mortgagee, City National Bank, increased its unsecured liability on the debt. … More Riverview Apartments LLC v. City National Bank – A Massachusetts’ Mortgagors G.L. c. 93A Claim Against A Foreclosing Mortgagee
On October 30, 2020, the Consumer Financial Protection Board (CFPB) released Part One of Regulation F, its regulation of debt collection by third party debt collectors pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. s. 1692 et seq. According to the CFPB, this Part One of the new regulation covers communications with consumers, … More CFPB Issues New Debt Collection Regulations
I recently blogged about the Massachusetts foreclosure moratorium here and discussed the likelihood of extension by the Massachusetts legislature or Governor Charlie Baker under his power to do so by the latest moratorium legislation. Like many states, Massachusetts instituted a mortgage foreclosure and eviction moratorium in April, early in the pandemic. Massachusetts’ version could be … More The End Or The Beginning of The Massachusetts Mortgage Foreclosure Moratorium – Part Deux
The Massachusetts mortgage foreclosure moratorium law, which took effect on April 20, 2020, is set to expire on October 17, 2020. Under the terms of the law, Chapter 65 of the Acts of 2020 Governor Charlie Baker was empowered to extend the the moratorium for periods of up to ninety days for so long as … More The End Or The Beginning of The Massachusetts Mortgage Foreclosure Moratorium
