In the recent decision of Bank of New York v. Bailey, issued by the Massachusetts Supreme Judicial Court, the court held that a homeowner whose mortgage was foreclosed by a lender could raise as a defense, in a subsequent eviction proceeding filed against the homeowner, that the lender had failed to properly conduct the sale. In the past, the homeowner had to engage counsel to file an action against the lender to overturn the sale, but now they can raise the issue in any subsequent eviction proceeding.
If you need assistance with a foreclosure, eviction proceeding, or any other real estate issue, please contact our office.
About the Author
Attorney E. Steven Coren has more than 40 years of experience representing individuals and families in personal injury cases, divorce and family issues, and probate litigation. As a civil litigator, he has appeared in most courts in Massachusetts and the United States District Court in Massachusetts. He is an approved mediator for the Middlesex Probate and Family Court and was formerly a Hearing Officer for the Board of Bar Overseers (2006-2012). Attorney Coren is Chair of the firm’s Personal Injury practice group and a founding member of the firm.
Posted on
By
Foreclosure of Mortgage and Eviction Proceedings
In the recent decision of Bank of New York v. Bailey, issued by the Massachusetts Supreme Judicial Court, the court held that a homeowner whose mortgage was foreclosed by a lender could raise as a defense, in a subsequent eviction proceeding filed against the homeowner, that the lender had failed to properly conduct the sale. In the past, the homeowner had to engage counsel to file an action against the lender to overturn the sale, but now they can raise the issue in any subsequent eviction proceeding.
If you need assistance with a foreclosure, eviction proceeding, or any other real estate issue, please contact our office.
About the Author
Attorney E. Steven Coren has more than 40 years of experience representing individuals and families in personal injury cases, divorce and family issues, and probate litigation. As a civil litigator, he has appeared in most courts in Massachusetts and the United States District Court in Massachusetts. He is an approved mediator for the Middlesex Probate and Family Court and was formerly a Hearing Officer for the Board of Bar Overseers (2006-2012). Attorney Coren is Chair of the firm’s Personal Injury practice group and a founding member of the firm.
Website developed in accordance with Web Content Accessibility Guidelines 2.2.
If you encounter any issues while using this site, please contact us: 781.997.1600
