• Massachusetts Supreme Judicial Court Issues Decision in Important Foreclosure Case
  • October 31, 2011 | Author: Nancy R. Wilsker
  • Law Firm: Hinckley, Allen & Snyder LLP - Boston Office
  • On October 18, 2011, the Massachusetts Supreme Judicial Court - the Commonwealth’s highest court - added yet another headache to the foreclosure crisis. In Bevilacqua v. Rodriguez (2011 Mass. LEXIS 918), the Court held that the buyer of a foreclosed property does not receive clear title to the property if the foreclosure was faulty. The decision affects cases involving missing or late-filed mortgage assignments; it does not address problems relating to robo-signing.