Background: Mortgagee filed summary process action seeking to evict mortgagor following foreclosure sale of mortgaged property. The Housing Court Department, Worcester County Division, Timothy F. Sullivan, J., entered judgment in favor of mortgagee, and mortgagor appealed.
Holding: After transferring the case on its own initiative from the Appeals Court, the Supreme Judicial Court, Spina, J., held that mortgagee’s conduct, providing mortgagor with deficient notice of 90-day right to cure default, did not affect validity of fore-closure sale.
Recent judicial and legislative rulings have had a great impact upon our understanding of the foreclosure process. The rulings on the Ibanez and Eaton cases means that lenders wanting to foreclose on mortgages will need to comply with some new guidelines.
Please download the attached file for Fidelity’s opinion to it’s Approved Attorney’s and Agents on FNMA’s attempt to rescind foreclosed mortgages. This came to me today from CATIC. I’m sure similar opinions will follow. Enjoy….