Robert Durant Jr.

Robert Durant Jr.

Troutman Pepper Locke

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The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the...more

Expansive New Massachusetts Law Upends Process for Residential Evictions and Foreclosures in Wake of COVID-19, Effectively Alters...

Massachusetts has passed an expansive law aimed at protecting tenants and homeowners during the COVID-19 emergency – “An Act Providing For A Moratorium On Evictions And Foreclosures During The COVID-19 Emergency” (“Act”). ...more

Massachusetts Appeals Court Holds That a Tenant who is a Complete Stranger to Title Has Standing to Challenge the Validity of a...

On October 24, 2019, the Massachusetts Appeals Court issued a decision holding that any tenant in possession of the property post-foreclosure has standing to challenge the validity of the foreclosure. U.S. Bank Trust, N.A....more

12/13/2019  /  Eviction , Foreclosure , Standing , Tenants

First Circuit Invalidates Foreclosure for Paragraph 19 Non-Compliance in Pre-Foreclosure Cure Notice Despite Notice’s Factual...

Overview: The United States Court of Appeals for the First Circuit recently held that a notice of default and right to cure (“Cure Notice”) potentially misled the borrowers regarding the precise amount of time that the...more

2/25/2019  /  Borrowers , Foreclosure , Lenders , Mortgages
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