Massachusetts SJC Agrees to Hear More Foreclosure Cases

February 17, 2011

SJC to immediately follow up Ibanez with direct appellate review of additional cases.

Earlier this week, we posted an article regarding the Ibanez Effect and the Massachusetts SJC’s decision to immediately take up a direct appellate review of the Bevilacqua case which addresses whether a third party purchaser holds legal title to a property if they purchased it from a bank following foreclosure. The always informative Massachusetts Land Use Monitor blog recently provided background information as to why the SJC moved so quickly in their decision to hear the Bevilacqua case as well as consider the direct appellate review of two additional cases in FNMA v. Nunez and Deutsche Bank v. Matos. While Nunez and Matos focus on the rights of tenants in foreclosed properties and don’t appear to directly address the same issues as Ibanez and Bevilacqua, they do indicate the SJC’s willingness to quickly minimize the Ibanez Effect and address the rapidly developing area of foreclosure law.

Read Entire Land Use Monitor Post here:  http://tiny.cc/kn687

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