MORTGAGE LITIGATION

Mortgage Claims Deutsche Bank

Mortgage Claims Against Deutsche Bank Not Barred by Failed-Bank Law

Can homeowners whose original mortgage bank failed sue the new owner of their mortgage for the original bank’s wrongdoing? Yes, according to a recent decision from the Massachusetts Appeals Court, Starkey v. Deutsche Bank. The case involved a relatively complicated statutory issue related to the Financial...

wrongful foreclosure astoria bank

Wrongful Foreclosure Lawsuit to Proceed Against Astoria Bank

A Massachusetts homeowner’s claim for wrongful foreclosure is being permitted to proceed in federal court, despite banks attempt to dismiss the case. The homeowner claimed that the company who owned and serviced his mortgage, Astoria Bank, committed fraud and violated the Massachusetts Consumer Protection Act by...

foreclosure massachusetts

Foreclosure Valid Despite Failure to Send Required Notice

The Massachusetts Supreme Judicial Court has ruled that a foreclosure is valid even though the bank who foreclosed did not send a mandatory post-foreclosure notice to the city. Previously, the Supreme Judicial Court has held that a violation of any of the foreclosure laws renders a...

Consumer Protection Rights

Consumer Protections at Risk of Being Rolled Back; How to Help

The new administration announced plans to roll back consumer protections via an Executive Order. Although the order is vague, it essentially gives the U.S. Department of the Treasury instructions to restructure and limit the Dodd-Frank Act, the law passed to increase consumer protections after the...