Category Archives: Mortgage

Title Defect? Here’s How to Keep Your Deal on Track

You are under contract to sell a commercial or residential property and your attorney tells you two weeks prior to closing that the buyer’s title search has revealed a title defect. While there is a large array of issues that … Continue reading

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What Recent CFPB Rules Mean for the Private Lender

There are many potential advantages to private mortgages, for lenders and borrowers alike.  Borrowers can benefit from lower interest rates, more flexibility in repaying the loan, less paperwork, and fewer closing costs, while lenders can enjoy a steady income stream … Continue reading

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Another Landmark Foreclosure Decision

On Friday, the Supreme Judicial Court in Eaton vs. Federal National Mortgage Association issued another important decision concerning the mortgage foreclosure process in Massachusetts.  The Court concluded that if a bank uses the auction process to foreclose a mortgage, then … Continue reading

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Lost Note Renders Mortgage Invalid

In the case of JPMorgan Chase & Co. v. Casarano, the Massachusetts Appeals Court affirmed a decision by the Massachusetts Land Court invalidating a mortgage due to a lost promissory note.  The plaintiff sought to quiet title and establish the … Continue reading

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