Product Description

Recent updates:

• Update: September 2024

  Dear Subscriber:

  Thank you for choosing to keep current in the area of Massachusetts Mortgages, Foreclosures, and Workouts with this 2024 edition. Inside, you will find new material on topics such as:

  • Foreclosures where the title holder is deceased. See Chapter 5 for a practical discussion of this situation, such as whom defendants need to include in a Servicemembers Civil Relief Act (SCRA) action. Also find discussion of particular requirements relative to titles in Land Court.

  • Nontax federal liens. See Chapter 5 for discussion of the situation where a nontax federal lien is junior to the foreclosed mortgage, and the rights of redemption held where a sale of real estate is made to satisfy a lien prior to that held by the United States.

  • Power of sale. Chapter 5 also discusses instances where the power of sale is included or not included in the mortgage, and the impact of not including mention of the statutory power of sale in the mortgage document.

  • Condominium liens. See Chapter 8 for discussion of the attorney's duties when representing an association in connection with claims for unpaid common expense assessments, and whether that makes the attorney a "debt collector" under the Fair Debt Collection Practices Act (FDCPA).

  • Superlien provisions. Chapter 8 also discusses the impact of amendments to G.L. c. 183A, § 6(c) with regard to an association's notice requirements.

  • Equity of redemption in mortgage foreclosure auction. See Chapter 10 for citation of a 2024 case holding that a mortgagor's equity of redemption extinguishes upon the execution of a memorandum of sale at the conclusion of a foreclosure auction sale in Massachusetts.

  We at MCLE trust that you will find this new material useful in your law practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

An Introduction to Mortgages and Foreclosures

Buy Chapter

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

Chapter 02 expand

Preforeclosure Issues

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

Chapter 03 expand

Foreclosure Procedure from Complaint Through Sale

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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. § 18.24(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 04 expand

Commonly Asked Questions About Foreclosure Proceedings—Lender’s Perspective

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Joseph P. Jannetty, Esq., Nutter McClennen & Fish LLP
Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 4A

- Mortgagee’s Affidavit Buy Form

Chapter 05 expand

Title Issues in Foreclosure Practice

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Erika J. Hoover, Esq., Korde & Associates, PC

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 06 expand

Foreclosure Litigation—Price and Pollution in the 1990s

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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 07 expand

Commercial Leases in a Foreclosure

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

Chapter 08 expand

Condominium Lien Law—Lien Enforcement Actions and Priorities in Foreclosures

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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 Unit Owner (Alternate) Buy Form

Exhibit 8D

- Sixty-Day Notice to Mortgagee Buy Form

Exhibit 8E

- Thirty-Day Notice to Mortgagee Buy Form

Exhibit 8F

- Complaint 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

- Motion for Relief from Automatic Stay Buy Form

Chapter 09 expand

The Effect of Federal Liens on Foreclosures

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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

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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

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Adam Lewis, Esq., First American Title Insurance Company
Nerejda Katherine Prifti, First American Title Insurance

Exhibit 13A

- Preworkout Letter and Audit Agreement Buy Form

Exhibit 13B

- Forbearance and Loan Workout Agreement Buy Form

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