Fall River, MA
Bankruptcy and debt Lawyer at Fall River, MA
Practice Areas: Bankruptcy & Debt, Foreclosure ... +2 more
OUTCOME: Appellate Win
Successfully argued Appeal remand of Barnstable County Superior Court decision dismissimg Client's complaint http://masscases.com/cases/app/94/94massappct1.html
OUTCOME: Appellate Victory for our Ciients at Massachusetts Supreme Judicial Court, remanding case back to Worcester Superiot Court
http://weblinks.westlaw.com/result/default.aspx?action=Search&cnt=DOC&db=MA-ORSLIP&eq=search&fmqv=c&fn=_top&method=TNC&mt=Westlaw&n=1&origin=Search&query=TO%28ALLSCT+ALLSCTRS+ALLSCTOJ%29&rlt=CLID_QRYRL ... T4297263218132&rltdb=CLID_DB7455163218132&rlti=1&rp=%2Fsearch%2Fdefault.wl&rs=MAOR1.0&service=Search&sp=MassOF-1001&srch=TRUE&ss=CNT&sskey=CLID_SSSA1162963218132&sv=Split&vr=1.0 Case of First Impression at the Massachusetts Supreme Judicial Court, where MERS is seeking to foreclose in its own name. Case also Involves High Profile Massachusetts Foreclosure Firm's Possible Circumvention of Requirements to be followed prior to foreclosing on any Fremont Investment & Loan originated Loans
OUTCOME: Appellate Victory for our client at U.S. Court of Appeals for the 1st Circuit, Remand to US Dist. Ct., Dist. of Mass.
Case represents first ever First Circuit remand of a Motion to Dismiss involving a foreclosure http://media.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=11-2431P.01A
OUTCOME: Appellate Victory for our client at the Massachsetts Supreme Judicial Court, resulting in a remand back to Land Court
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 Massachusetts Servicemembe ... rs' 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).
OUTCOME: National precedent setting Appellate Victory for our cients resulting in the Mass. Supreme Judicial Court affirming Land Court decision for My Clients
National precedent case that examined the defects in securitized lending practices that leaves our Clients, [the LaRace family], the current occupant and owner of the wrongfully foreclosed upon residen ... ce. 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.
OUTCOME: Pending Decision Post Oral Argument
First Impression case involving issues attendant to the examination of the trust entity seeking to foreclose, and whether N.Y. EPTL section 7.2-4 was followed, as well as the first in depth examination ... of MERS, under pleadings plausibly alleging that MERS does not comply with Mass. real property laws. (complete distinction from Culhane v Aurora).
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