Christopher S. Tolley, Esq.

Supplementing Fraud Detection Standards for Debits Will Affect Debt Collectors

April 7, 2021

Originators of automated clearinghouse (ACH) debit payments have always been required to use a “commercially reasonable fraudulent transaction detection system” to screen such debits for fraud. As of March 19, 2021, Nacha (previously NACHA – National Automated Clearing House Association) has made it explicit that “account validation” is part of a “commercially reasonable fraudulent transaction … More Supplementing Fraud Detection Standards for Debits Will Affect Debt Collectors

Foreclosure Moratorium Extension and The Current State of Mortgage Loan Forbearances and Delinquencies

March 10, 2021

In a February 16, 2021 order, the U.S. government extended the foreclosure moratorium for HUD, the Department of Veteran Affairs (VA), and the Department of Agriculture (DOA) mortgage loans to June 30, 2021. In addition, borrowers with such loans may enroll in a forbearance until June 30, 2021. Borrowers who enrolled in a forbearance before … More Foreclosure Moratorium Extension and The Current State of Mortgage Loan Forbearances and Delinquencies

Notices in Massachusetts Automobile Deficiency Cases Must State Fair Market Value Will Be Used in Calculating Deficiency – Referring To The Statute Is Not Sufficient

January 29, 2021

In Piazza v. Santander Consumer USA, Inc. et al. U.S.D.C. MA No. 19-cv-11697-ADB March 12, 2020, the court further specified the wording necessary in a Massachusetts post-repossession and sale motor vehicle deficiency case. Reference to the statute requiring fair market value was not sufficient, the notice must convey that fair market value will be used … More Notices in Massachusetts Automobile Deficiency Cases Must State Fair Market Value Will Be Used in Calculating Deficiency – Referring To The Statute Is Not Sufficient

SJC Resolves Massachusetts Pre-Foreclosure Notice Issue

January 13, 2021

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

Riverview Apartments LLC v. City National Bank – A Massachusetts’ Mortgagors G.L. c. 93A Claim Against A Foreclosing Mortgagee

November 24, 2020

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

Christopher S. Tolley, Esq.

Boston Real Estate, Bankruptcy and Creditor's Rights Lawyer