HSBC Bank, USA v. Jodi B. Matt (Mass. SJC) 464 Mass. 193 (Jan. 2013)

Glenn F Russell JR

Case Conclusion Date:January 14, 2013

Practice Area:Foreclosure

Outcome:Victory for my client at Massachsetts Supreme Judicial Court, resulting in a remand back to Land Court

Description:http://www.ma-appellatecourts.org/search_number.php?dno=SJC-11101&get=Search SJC-11101 Case challenging standing to file suit against Massachusetts Homeowners under the Servicmembers' Civil Relief Act. 09/06/2012 Oral Argument held at Mass SJC 02/17/2012-The Justices Have Issued an Announcement Requesting Amicus Briefs addressing the specific question whether HSBC has sufficient standing to file the Servicemembers complaint based upon a purported future contractual right to receive the ownership of the Matt mortgage and note Case is a first impression argument specifically challenging the Plaintiff's standing to file the suit (even as against non-military). Argument does not challenge the underlying foreclosure action as forbidden by Beaton v. Land Court 367 Mass. 385 (1975).