FNMA Now Allows Certifications of Title To Replace Title Insurance In Some Circumstances – Massachusetts Considerations

May 27, 2022

On April 6, 2022 FNMA announced an amendment to its Selling Guide B7-2-06 authorizing lenders to use attorney’s certifications of title in lieu of a title insurance policy provided the certification contains certain requirements. The FNMA certification letter has two major provisions. First, an indemnification provision: “We [I] agree to indemnify you and your successors … More FNMA Now Allows Certifications of Title To Replace Title Insurance In Some Circumstances – Massachusetts Considerations

When a Homestead Is Not a Homestead

May 6, 2022

The Massachusetts bankruptcy court has found a declared homestead invalid for failing to comply with formal statutory requirements. In Re: Danny Luu MA Bankr. Case No 21-40233-CJP April 18, 2022. Two days before filing bankruptcy, the debtor Danny Luu  recorded a homestead on real property he owned individually in Worcester, MA. The Trustee in bankruptcy … More When a Homestead Is Not a Homestead

In Partition Case, Surviving Co-tenant, Not Deceased Joint Tenant’s Heirs, Take Joint Tenant’s Interest

April 27, 2022

The Massachusetts SJC found that a surviving co-tenant in a partition action took a full interest in property even though the lower court had already entered a partition order and the parties signed a purchase and sale agreement with a third party. The SJC also ruled the deceased joint tenant’s heirs had no standing in … More In Partition Case, Surviving Co-tenant, Not Deceased Joint Tenant’s Heirs, Take Joint Tenant’s Interest

Ignoring Heirs In Serial Probates Requires Court Corrective Action

April 4, 2022

Where real property had a ‘muddled title history’, the high bidder at a mortgage foreclosure sale obtained title free of the defendant’s interests and was found to be the owner of the fee in property by the court’s title sleuthing and use of a theory of constructive trust. Dajci v. Mary Flaherty et al. Land … More Ignoring Heirs In Serial Probates Requires Court Corrective Action

Ambiguous Overdraft Fee Bank Account Class Action Suit Permitted to Go Forward

March 3, 2022

The court in Jennifer Juliano et al. v. Avidia Bank Suffolk Superior Court Civil No. 20-1861 recently denied Avidia Bank’s motion to dismiss the plaintiff’s complaint. In this class action suit, the plaintiff alleged Avidia’s overdraft policy was unclear and the plaintiffs were charged overdraft fees unfairly. The plaintiffs claimed that Avidia’s Deposit Agreement, Overdraft … More Ambiguous Overdraft Fee Bank Account Class Action Suit Permitted to Go Forward