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 sale void. This decision, however, walks those holdings back. The statutes related to these are located at Chapter 244, Sections 11-17A of the Massachusetts General Laws. These sections of the laws lay out the procedures that must be followed when a foreclosure is conducted.
The section in question, Section 15A, says that after a bank forecloses, it must notify the local city assessor and tax collector.
Culik Law has previously obtained a decision voiding and invalidating a foreclosure when a bank failed to send this notice. This new decision is disappointing in that it goes against previous court decisions made. Consumers are protected by rules like this to put checks and balances on financial institutions, banks, and mortgage servicers. It is up to consumer protection attorneys, like Culik Law, to continue to fight in courts to uphold these rights.
Despite the fact that many homeowner advocates are disappointed by the decision in this case, there are still many defenses to foreclosure available to homeowners who are struggling with their mortgages.
The decision is here: Turra v. Deutsche Bank
If you have mortgage difficulties or need a Massachusetts attorney to help with a consumer protection issue, contact Culik Law to see if we can help.