Wells Fargo Bank, N.A as trustee v. Mark A. LaRace and Tammy L. LaRace MISC. CASE NO. 386755 (KCL)

This case was brought by the Ablitt Law Firm, after foreclosing on 3 properties in the Springfield Massachusetts area. The Law firm had foreclosed on the properties, however the purchasers of the properties at auction could not get clear title, therefore the lender sought to remove the cloud on title 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 notentitled to foreclose. After being locked out oftheir 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 tothe fact that it uncovered the problems associated with the securitization of mortgages. These problems seem to occur quite frequently as a result of negligence,or more likely a purposeful intent to deceive the public.

On October 30, the Plaintiffs filed a formal notice of appeal,which will now be handled by K&L Gates, which is one of the premier law firms in Boston, and the U.S.

Due to the major impact of this case (which has brought the sale of foreclosed property in Massachusetts to a standstill), the Massachusetts Supreme Judicial Court may directly take this appeal. I will be representing the LaRace family in the appeal