U.S. Bank v. Ibanez (and another)- 458 Mass. 637 (Jan. 2011)

Glenn F Russell JR

Case Conclusion Date:January 7, 2014

Practice Area:Foreclosure

Outcome:National precedent setting victory for my cients resulting in the Mass. Supreme Judicial Court affirming Land Court decision for My Clients

Description:National precedent case that examined the defects in securitized lending practices that leaves my Clients, the LaRace family, the current occupant and owner of the wrongfully foreclosed upon residence. http://www.ma-appellatecourts.org/display_docket.php?dno=SJC-10694 Facts of trial case The "lender" sought to remove the cloud on title in the Land Court, I successfully argued for the Defendants that the lender failed to meet the requirements to foreclose under G.L. c. 244 Sec, 14., and therefore was not entitled to foreclose. After being locked out of their home for almost 3 years, the LaRace's recently returned to their home only to find it damaged due to the fact that the "lender" placed a lock box on the doors preventing the LaRace's (and anyone else) from entering. Due to the long period of neglect there is now water damage in their home. This case potentially has national implications due to the fact that it uncovered the problems associated with the securitization of mortgages. These problems occur quite frequently as a result of negligence,or more likely a purposeful intent to deceive the public.