Product Description

Recent updates:

• Update: April 2021

  Dear Subscriber:

  Thank you for updating your reference library with the 2021 edition of Massachusetts Mortgages, Foreclosures, and Workouts. This updated product brings the latest developments within your immediate reach—for fast, accurate, and practical answers to your questions and practice challenges.

  Highlights from the many issues addressed in this edition include

  • discussion of extensive measures adopted in response to the COVID-19 pandemic, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act; a foreclosure moratorium adopted in Massachusetts; and a number of related changes in procedure and practice;

  • circumstances under which postponement of a foreclosure sale may be permissible notwithstanding applicability of the automatic stay in bankruptcy;

  • state and federal court opinions on conflicts between the terms of the mortgage contract and the statutory notice required by G.L. c. 244, § 35A and associated regulations of the Massachusetts Division of Banks;

  • the terminology required to invoke the statutory power of sale with respect to a reverse mortgage;

  • the steps required for mortgagees to satisfy the duty of good faith and reasonable diligence in selling foreclosed property, including, where applicable, an assessment of the property’s development value;

  • numerous updates to forms used in condominium lien foreclosures; and

  • updated case law on foreclosures involving the Federal Deposit Insurance Corporation (FDIC).

  We trust you will find the 2021 edition of Massachusetts Mortgages, Foreclosures, and Workouts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

An Introduction to Mortgages and Foreclosures

Buy Chapter

Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 2 expand

Preforeclosure Issues

Buy Chapter

Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 3 expand

Foreclosure Procedure from Complaint Through Sale

Buy Chapter

Francis J. Nolan, Esq., Harmon Law Offices, PC

Checklist 3.1

- Checklist for a Foreclosure Proceeding Buy Form

Exhibit 3A

- Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy Form

Exhibit 3B

- Land Court Complaint Buy Form

Exhibit 3C

- Superior Court Complaint Buy Form

Exhibit 3D

- Mortgagee’s Affidavit Buy Form

Exhibit 3E

- Order of Notice (Land Court) Buy Form

Exhibit 3F

- Order of Notice (Superior Court) Buy Form

Exhibit 3G

- Return on Order of Notice (Superior Court) Buy Form

Exhibit 3H

- Motion for Judgment Buy Form

Exhibit 3I

- Land Court Military Affidavit Buy Form

Exhibit 3J

- Superior Court Military Affidavit Buy Form

Exhibit 3K

- Application for Entry of Default Judgment Buy Form

Exhibit 3L

- Affidavit in Support of Application for Entry of Default Buy Form

Exhibit 3M

- Notice of Sale Buy Form

Exhibit 3N

- Affidavit Pursuant to G.L. c. 244, § 35B Buy Form

Exhibit 3O

- Affidavit Pursuant to G.L. c. 244, § 35C Buy Form

Exhibit 3P

- Certification Pursuant to 209 C.M.R. § 18.21A(2)(c) Buy Form

Exhibit 3Q

- Deficiency Notice Buy Form

Exhibit 3R

- Affidavit Regarding Deficiency Notice Buy Form

Exhibit 3S

- Certificate of Entry Buy Form

Exhibit 3T

- Memorandum of Sale Buy Form

Exhibit 3U

- Foreclosure Deed Buy Form

Exhibit 3V

- Affidavit of Sale Buy Form

Exhibit 3W

- Affidavit of Continuing Noteholder Status Buy Form

Exhibit 3X

- Affidavit of Compliance with Conditions Precedent to Acceleration and Sale (Pinti Affidavit) Buy Form

Chapter 4 expand

Commonly Asked Questions About Foreclosure Proceedings—Lender’s Perspective

Buy Chapter

Brian C. Beaulieu, Esq., Goodwin Procter LLP
Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 4A

- Mortgagee’s Affidavit Buy Form

Chapter 5 expand

Title Issues in Foreclosure Practice

Buy Chapter

Paul J. Mulligan, Esq., MassHousing

Exhibit 5A

- Chapter 57 of the Acts of 1943 (As Amended Through Chapter 142 of the Acts of 1998) Buy Form

Exhibit 5B

- Chapter 141 of the Acts of 2015: An Act Clearing Titles to Foreclosed Properties Buy Form

Chapter 6 expand

Foreclosure Litigation—Price and Pollution in the 1990s

Buy Chapter

E. Randolph Tucker, Esq.,

Exhibit 6A

- DEP Policy and Guidelines for Secured Lender Liability Under G.L. c. 21E (June 13, 1994) Buy Form

Chapter 7 expand

Commercial Leases in a Foreclosure

Buy Chapter

Mark W. Powers, Esq., Bowditch & Dewey LLP
Donald E. Vaughan, Esq., Burns & Levinson LLP

Chapter 8 expand

Condominium Lien Law—Collections and Priorities in Foreclosures

Buy Chapter

Laura White Brandow, Esq., Moriarty Bielan & Malloy LLC

Exhibit 8A

- Section 6(d) Certificate Buy Form

Exhibit 8B

- Sixty-Day Notice to Unit Owner Buy Form

Exhibit 8C

- Sixty-Day Notice to Mortgagee Buy Form

Exhibit 8D

- Thirty-Day Notice to Mortgagee Buy Form

Exhibit 8E

- Complaint Buy Form

Exhibit 8F

- Statement of Damages Buy Form

Exhibit 8G

- Application for Default Buy Form

Exhibit 8H

- Plaintiffs’ Motion for Default Judgment, Assessment of Damages, and Entry of Judgment and Order Buy Form

Exhibit 8I

- Plaintiffs’ Motion for Summary Judgment Buy Form

Exhibit 8J

- Plaintiffs’ Memorandum in Support of Motion for Summary Judgment Buy Form

Exhibit 8K

- Notice of Sale of Real Estate Buy Form

Exhibit 8L

- Memorandum of Sale of Real Property at Auction Buy Form

Exhibit 8M

- Auctioneer’s Release Deed Buy Form

Exhibit 8N

- Attorney’s Affidavit Buy Form

Exhibit 8O

- Notice to Owner of Intention to Collect Rents Pursuant to G.L. c. 183A, § 6(c) Buy Form

Exhibit 8P

- Direction to Tenant to Pay Rent to Association Buy Form

Exhibit 8Q

- Motion for Relief from Automatic Stay Buy Form

Exhibit 8R

- Chapter 183B Time-Share Foreclosure Revisions Buy Form

Exhibit 8S

- Ninety-Day Time-Share Demand Letter Buy Form

Chapter 9 expand

The Effect of Federal Liens on Foreclosures

Buy Chapter

Jutta R. Deeney, Esq., Stewart Title Guaranty Company

Exhibit 9A

- FDIC Statement of Policy on Foreclosure Consent and Redemption Rights Buy Form

Exhibit 9B

- IRS Publication 487: Requesting the United States to Release Its Right to Redeem Property Secured by a Federal Tax Lien Buy Form

Exhibit 9C

- Application for Release of Right of Redemption in Respect of Federal Tax Liens (Judicial Foreclosure) Buy Form

Chapter 10 expand

Bankruptcy Issues Relating to Mortgages and Foreclosures

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Olga L. Gordon, Esq., Murtha Cullina LLP

Chapter 11 expand

Cases Involving the FDIC

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A Neil Hartzell, Esq., Freeman Mathis & Gary LLP

Exhibit 11A

- FDIC Statement of Policy Regarding Federal Common Law and Statutory Provisions Protecting the FDIC Buy Form

Exhibit 11B

- FDIC Contact Information Buy Form

Chapter 12 expand

Title Insurance Issues Affecting Foreclosures

Buy Chapter

Margaret M. Fortuna, Esq., Commonwealth Land Title Insurance Company
Melanie E. Kido, Esq., CATIC

Checklist 12.1

- Title Insurance Issues Relating to Foreclosure Buy Form

Exhibit 12A

- Loan Policy of Title Insurance Buy Form

Exhibit 12B

- Owner’s Policy (Expanded Coverage) of Title Insurance Buy Form

Exhibit 12C

- Intercreditor Agreement Buy Form

Chapter 13 expand

Workouts and Related Bankruptcy Considerations

Buy Chapter

Alan L. Braunstein, Esq., Riemer & Braunstein LLP
Arthur D. Brecher, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Exhibit 13A

- Preworkout Letter and Audit Agreement Buy Form

Exhibit 13B

- Forbearance and Loan Workout Agreement Buy Form

Editor(s)

Author(s)