No. BD-2010-078
S.J.C. Judgment of Disbarment entered by Justice Cordy on December 31, 2010. 1
SUMMARY2
On November 30, 2010, Anna M. Dancy-Foster, the respondent, submitted an affidavit of resignation pursuant to Supreme Judicial Court Rule 4:01, §15. In the affidavit, the respondent acknowledged that sufficient evidence existed to warrant findings that the material facts summarized below could be proved by a preponderance of the evidence.
In her capacity as closing attorney representing lenders in real estate transactions, the respondent intentionally misappropriated real estate settlement funds. The respondent used funds from subsequent closings to pay off mortgages or other obligations owed on earlier closings. On April 18, 2008, the respondent represented the lender in the refinancing of a loan. The respondent failed to pay off a mortgage owed to another lender in the amount of $223,822.92 and converted the pay-off funds to her own use. The respondent made monthly payments on the outstanding mortgage without the knowledge or consent of the lender. The respondent owed $191,005.71 on the outstanding mortgage at the time she submitted her affidavit of resignation.
The respondent agreed that these facts justified the conclusion that her conduct violated Mass. R. Prof. C. 1.15(b) and (c) and Mass. R. Prof. C. 8.4(c) and (h).
The respondent was temporarily suspended on August 20, 2010. She did not file an affidavit of compliance with that order.
On December 13, 2010, the board voted to recommend that the affidavit of resignation be accepted and that a judgment of disbarment be entered effective on the date of entry. On December 31, 2010, the Supreme Judicial Court for Suffolk County accepted the resignation and entered a judgment of disbarment effective on the date of entry.
FOOTNOTES:
1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.
2 Compiled by the Board of Bar Overseers based on the record filed with the Supreme Judicial Court.
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