Massachusetts Mortgages, Foreclosures, and Workouts

An essential resource for mortgage and foreclosure matters

Product Number: 2243214WFM
Publication Date: 9/19/2024
Edition: 8th Edition 2024
Copyright: © 2024 MCLE, Inc.
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Massachusetts Mortgages, Foreclosures, and Workouts

An essential resource for mortgage and foreclosure matters

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Product Description
Product Description

Massachusetts Mortgages, Foreclosures, and Workouts provides a comprehensive, practical, and up-to-date guide to the mortgage and foreclosure issues facing Massachusetts attorneys today. This essential publication introduces the law governing mortgages and foreclosures; sets forth step-by-step guidance on the procedures required to prepare for and conduct a foreclosure (as well as the legal and insurance issues likely to arise in the process); describes the use of foreclosures in particular areas of practice, including commercial leasing and condominiums; highlights the implications of federal liens, FDIC involvement, and bankruptcy law; and reviews the use of workout agreements and other alternatives to foreclosure.

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

Table of Contents
expand all

Chapter 01 expand

An Introduction to Mortgages and Foreclosures
Buy Chapter
Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 02 expand

Preforeclosure Issues
Buy Chapter
Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 03 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. § 18.24(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
Buy Chapter
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
Buy Chapter
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
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 07 expand

Commercial Leases in a Foreclosure
Buy Chapter
Mark W. Powers, Esq.,
Donald E. Vaughan, Esq., Burns & Levinson LLP

Chapter 08 expand

Condominium Lien Law—Lien Enforcement Actions 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 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
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
Buy Chapter
Olga L. Gordon, Esq., Murtha Cullina LLP

Chapter 11 expand

Cases Involving the FDIC
Buy Chapter
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
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
Editors & Authors

Editor(s)

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

Author(s)

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

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

Margaret M. Fortuna, Esq., Commonwealth Land Title Insurance Company, Boston

Olga L. Gordon, Esq., Murtha Cullina LLP, Boston

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

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

Joseph P. Jannetty, Esq., Nutter McClennen & Fish LLP, Boston

Melanie E. Kido, Esq., CATIC, Waltham

Adam Lewis, Esq., First American Title Insurance Company, Springfield

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

Mark W. Powers, Esq., Worcester

Nerejda Katherine Prifti, First American Title Insurance, Boston

E. Randolph Tucker, Esq.,

Donald E. Vaughan, Esq., Burns & Levinson LLP, Boston

Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP, Boston

TOP

Massachusetts Mortgages, Foreclosures, and Workouts

An essential resource for mortgage and foreclosure matters

Massachusetts Mortgages, Foreclosures, and Workouts

An essential resource for mortgage and foreclosure matters

Your Selection:

Product Description

Recent updates:

Table of Contents

An Introduction to Mortgages and Foreclosures

Preforeclosure Issues

Foreclosure Procedure from Complaint Through Sale

Checklist 3.1

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Exhibit 3N

Exhibit 3O

Exhibit 3P

Exhibit 3Q

Exhibit 3R

Exhibit 3S

Exhibit 3T

Exhibit 3U

Exhibit 3V

Exhibit 3W

Exhibit 3X

Commonly Asked Questions About Foreclosure Proceedings—Lender’s Perspective

Exhibit 4A

Title Issues in Foreclosure Practice

Exhibit 5A

Exhibit 5B

Foreclosure Litigation—Price and Pollution in the 1990s

Exhibit 6A

Commercial Leases in a Foreclosure

Condominium Lien Law—Lien Enforcement Actions and Priorities in Foreclosures

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Exhibit 8E

Exhibit 8F

Exhibit 8G

Exhibit 8H

Exhibit 8I

Exhibit 8J

Exhibit 8K

Exhibit 8L

Exhibit 8M

Exhibit 8N

Exhibit 8O

The Effect of Federal Liens on Foreclosures

Exhibit 9A

Exhibit 9B

Exhibit 9C

Bankruptcy Issues Relating to Mortgages and Foreclosures

Cases Involving the FDIC

Exhibit 11A

Exhibit 11B

Title Insurance Issues Affecting Foreclosures

Checklist 12.1

Exhibit 12A

Exhibit 12B

Exhibit 12C

Workouts and Related Bankruptcy Considerations

Exhibit 13A

Exhibit 13B

Editor(s)

Author(s)