Cavanaugh v. GMAC, FNMA, MERS, et.al.(Mass Appeals Court Ca. No. 12-P-0331)

Glenn F Russell JR

Practice Area:Foreclosure

Outcome:Pending DAR filed, unopposed, with the SJC

Description:Defective Foreclosure auction sale due to publication outside local area, however, Land Court Judge Ruled that the defective foreclosure deed operates as an "assignment" of mortgage to FNMA, and subsequent "assignment" of the Cavanaugh mortgage to third party purchaser Lowney. Effect of ruling would vitiate the holdings in both U.S. Bank v. Ibanez, and Bevilacqua v. Rodriguez This Appeal most likely will end up before the Massachusetts Supreme Judicial Court