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Remic Trust Mortgage Assignment
Summary
In Massachusetts, a REMIC trust cannot be assigned a mortgage by the land court bypassing the Pooling and Servicing Agreement. If a servicer misinterprets a cease and desist letter, clarify your position and consider a Notice of Error under RESPA. Rescinding a mortgage due to fraud is complex and requires proving misrepresentation, reliance, and damages. Massachusetts contract law does not automatically make rescission effective upon notice; the other party must consent. Consult a local attorney for guidance.Full Conversation
I sent a cease and desist letter to the alleged mortgage servicer asking to stop collection and foreclosure proceedings without mentioning RESPA. Servicer responded to it alleging that my letter was a request for debt validation and/or request for information. I did not ask for any information just provided reasons why the foreclosure would be void because of notice of sale and default letter violating * s * and * s35a. How should I respond?
It sounds like the servicer misunderstood your letter. You might want to clarify your position by responding with:
- Explicitly state that your letter was not a request for debt validation or information.
- Reiterate your claim that the foreclosure is void due to violations of MGL c. *, s. * and s. 35A.
- Cite specific violations and request a formal acknowledgment.
Would you like assistance drafting the response?
- Explicitly state that your letter was not a request for debt validation or information.
- Reiterate your claim that the foreclosure is void due to violations of MGL c. *, s. * and s. 35A.
- Cite specific violations and request a formal acknowledgment.
Would you like assistance drafting the response?
Should that be a notice of error under RESPA or supplemental cease and desist letter?
You might consider sending a Notice of Error under RESPA (Real Estate Settlement Procedures Act) to address the servicer's misunderstanding and specify the errors related to the foreclosure process. This formalizes your complaints and requires the servicer to respond within a certain timeframe. Would you like more information on how to draft a Notice of Error under RESPA?
Can I rescind the mortgage under contract law claiming that the contract is void due to fraud in appraisal, inducement etc. given that 3 year SOL under TILA has already run?
Case Rating: *
In Massachusetts, rescinding a mortgage contract due to fraud in appraisal or inducement can be complex. While the *-year statute of limitations under TILA (Truth in Lending Act) has run, you might still pursue rescission under state contract law if you can prove fraud. This typically requires demonstrating:
- Misrepresentation or concealment of material facts.
- Your reliance on the misrepresentation.
- Damages resulting from the fraud.
You might want to consult a local attorney for detailed guidance. Would you like help drafting a response or have more questions?
In Massachusetts, rescinding a mortgage contract due to fraud in appraisal or inducement can be complex. While the *-year statute of limitations under TILA (Truth in Lending Act) has run, you might still pursue rescission under state contract law if you can prove fraud. This typically requires demonstrating:
- Misrepresentation or concealment of material facts.
- Your reliance on the misrepresentation.
- Damages resulting from the fraud.
You might want to consult a local attorney for detailed guidance. Would you like help drafting a response or have more questions?
what is the relevant contract fraud statute in MA?
Case Rating: *
In Massachusetts, contract fraud is generally governed by common law principles rather than a specific statute. However, relevant statutes include:
- Massachusetts General Laws (MGL) Chapter 93A: Prohibits unfair and deceptive trade practices.
- MGL Chapter *, Section 2A: Statute of limitations for fraud claims, which is typically three years.
Would you like more detailed information or have another legal question?
In Massachusetts, contract fraud is generally governed by common law principles rather than a specific statute. However, relevant statutes include:
- Massachusetts General Laws (MGL) Chapter 93A: Prohibits unfair and deceptive trade practices.
- MGL Chapter *, Section 2A: Statute of limitations for fraud claims, which is typically three years.
Would you like more detailed information or have another legal question?
if i rescind under MA contract law is the rescission effective upon sending the rescission notice as under TILA? how much time does the other party have to respond?
Case Rating: *
Rescission under Massachusetts contract law is not automatically effective upon sending the notice like under TILA. The other party must acknowledge and consent to the rescission for it to be effective. There is no specific timeframe for the other party to respond under Massachusetts contract law.
Would you like more information on drafting a rescission notice?
Rescission under Massachusetts contract law is not automatically effective upon sending the notice like under TILA. The other party must acknowledge and consent to the rescission for it to be effective. There is no specific timeframe for the other party to respond under Massachusetts contract law.
Would you like more information on drafting a rescission notice?
Would recording a * 5b affidavit in Mass registry, presenting facts that mortgage and note are beyond SOL, that servicer has not executed PSA and has no right to service mortgage loan and/or foreclose the mortgage, that alleged trustee does not own the promissory note, and if they do they have fraudulently fabricated the note, supported by securitization expert affidavit, put cloud on title and potentially stop the servicer from foreclosing?
Case Rating: *
Recording a * 5b affidavit could potentially create a cloud on the title and challenge the servicer's right to foreclose. It’s a complex legal strategy and might delay foreclosure but is not guaranteed to stop it. Consulting an attorney for detailed guidance and potential next steps is advised.
Would you like more specific legal information on this process?
Recording a * 5b affidavit could potentially create a cloud on the title and challenge the servicer's right to foreclose. It’s a complex legal strategy and might delay foreclosure but is not guaranteed to stop it. Consulting an attorney for detailed guidance and potential next steps is advised.
Would you like more specific legal information on this process?
What action would be better to guarantee stopping foreclosure.
Case Rating: *
To potentially stop foreclosure in Massachusetts, you might consider:
- Filing for bankruptcy (Chapter * or Chapter *), which can temporarily halt foreclosure.
- Seeking a loan modification or repayment plan with the servicer.
- Consulting with an attorney to explore legal defenses, such as contesting the foreclosure in court.
Would you like more detailed information on any of these options?
To potentially stop foreclosure in Massachusetts, you might consider:
- Filing for bankruptcy (Chapter * or Chapter *), which can temporarily halt foreclosure.
- Seeking a loan modification or repayment plan with the servicer.
- Consulting with an attorney to explore legal defenses, such as contesting the foreclosure in court.
Would you like more detailed information on any of these options?
If * 5B affidavit is recorded would the servicer need to take legal action to exponge such affidavit before beong able to file a foreclosure deed?
Case Rating: *
Recording a * 5B affidavit can complicate the foreclosure process and might require the servicer to take legal action to clear the title before proceeding with a foreclosure deed. However, it's not guaranteed to stop foreclosure entirely.
Would you like more specific legal information on this process or have another question?
Recording a * 5B affidavit can complicate the foreclosure process and might require the servicer to take legal action to clear the title before proceeding with a foreclosure deed. However, it's not guaranteed to stop foreclosure entirely.
Would you like more specific legal information on this process or have another question?
What if I additionally send a demand letter outlining same reasons why they cannot foreclose?
Case Rating: *
Sending a demand letter outlining the reasons why they cannot foreclose could strengthen your position and make your arguments clearer. However, it's not a guarantee to stop foreclosure.
- Clearly state the reasons why the foreclosure is invalid.
- Cite specific legal violations and evidence.
- Request a formal response or acknowledgment.
Would you like help drafting the demand letter or have another question?
Sending a demand letter outlining the reasons why they cannot foreclose could strengthen your position and make your arguments clearer. However, it's not a guarantee to stop foreclosure.
- Clearly state the reasons why the foreclosure is invalid.
- Cite specific legal violations and evidence.
- Request a formal response or acknowledgment.
Would you like help drafting the demand letter or have another question?
How about filing a criminal complaint with the attorneys general office?
Case Rating: *
Filing a criminal complaint with the Attorney General's office can be an option if you believe there has been significant fraud or illegal activity. However, this may not necessarily stop foreclosure and can be a lengthy process.
Would you like more specific legal information on how to proceed with this complaint?
Filing a criminal complaint with the Attorney General's office can be an option if you believe there has been significant fraud or illegal activity. However, this may not necessarily stop foreclosure and can be a lengthy process.
Would you like more specific legal information on how to proceed with this complaint?
Division of banks oversee the servicer who has been issued a consent order in the past pointing to similar violations of law. Including lack of strict compliance with the * s * and * s35A. Would that help me to stop foreclosure?
Case Rating: *
Engaging the Division of Banks regarding the servicer's past consent order and lack of compliance with MGL c. *, s. * and s. 35A could potentially bolster your case and put additional pressure on the servicer. However, it may not guarantee stopping the foreclosure.
Would you like more detailed information on how to proceed with this approach?
Engaging the Division of Banks regarding the servicer's past consent order and lack of compliance with MGL c. *, s. * and s. 35A could potentially bolster your case and put additional pressure on the servicer. However, it may not guarantee stopping the foreclosure.
Would you like more detailed information on how to proceed with this approach?
what is a legal meaning of "Consent and agreement with this Power of Attorney by SELECT PORTFOLIO SERVICING INC. waives all claims of Thomas T. Suchodolski and Beata W. Suchodolski, and/or defenses and remains in effect until satisfaction of all obligation(s) by SELECT PORTFOLIO SERVICING INC. has been satisfied."
Case Rating: *
This statement means that by Select Portfolio Servicing Inc. consenting and agreeing to the Power of Attorney, they waive any claims or defenses they have against Thomas T. Suchodolski and Beata W. Suchodolski. This waiver remains in effect until all obligations by Select Portfolio Servicing Inc. are fully satisfied.
Do you have more questions about this issue?
This statement means that by Select Portfolio Servicing Inc. consenting and agreeing to the Power of Attorney, they waive any claims or defenses they have against Thomas T. Suchodolski and Beata W. Suchodolski. This waiver remains in effect until all obligations by Select Portfolio Servicing Inc. are fully satisfied.
Do you have more questions about this issue?
It appears based on the above that I could sign the satisfaction of the mortgage on the behalf of SPS. Am I right?
Case Rating: *
It sounds like you're interpreting the clause to mean that if Select Portfolio Servicing Inc. (SPS) does not respond to the RESPA request, they are granting you the authority to act on their behalf. However, this is a complex legal matter. Consulting with an attorney for precise interpretation and action is recommended.
Would you like more detailed guidance on this issue?
It sounds like you're interpreting the clause to mean that if Select Portfolio Servicing Inc. (SPS) does not respond to the RESPA request, they are granting you the authority to act on their behalf. However, this is a complex legal matter. Consulting with an attorney for precise interpretation and action is recommended.
Would you like more detailed guidance on this issue?
What makes this isuue complex?
Case Rating: *
This issue is complex due to several factors:
- Multiple legal angles: fraud, contract law, foreclosure, RESPA violations.
- Involvement of various statutes and regulations.
- Potentially conflicting legal interpretations.
- Necessity of precise legal documentation and formal responses.
Would you like more detailed guidance on any specific aspect of your case?
This issue is complex due to several factors:
- Multiple legal angles: fraud, contract law, foreclosure, RESPA violations.
- Involvement of various statutes and regulations.
- Potentially conflicting legal interpretations.
- Necessity of precise legal documentation and formal responses.
Would you like more detailed guidance on any specific aspect of your case?
Based on the fact that servicer was advised that if they do not respond to my request fully and do not validate the debt they are giving me the power of attorney to sign on their behalf any document, including a satisfaction of the mortgage. If I do so and record such document what recourse would they have?
Case Rating: *
Recording a satisfaction of mortgage without the servicer's explicit consent could result in serious legal repercussions. The servicer may challenge the validity of the document, potentially leading to litigation. They might argue that you exceeded your legal authority, and you could face claims of fraud or unauthorized practice of law.
Would you like more detailed guidance on the possible legal repercussions and how to handle this situation?
Recording a satisfaction of mortgage without the servicer's explicit consent could result in serious legal repercussions. The servicer may challenge the validity of the document, potentially leading to litigation. They might argue that you exceeded your legal authority, and you could face claims of fraud or unauthorized practice of law.
Would you like more detailed guidance on the possible legal repercussions and how to handle this situation?
Didn't the servicer consent to giving me the legal authority by not responding to or rebutting my assertions in the QWR?
Case Rating: *
The servicer's lack of response to your Qualified Written Request (QWR) does not necessarily equate to giving you legal authority to act on their behalf. This interpretation can be highly contentious and likely to be disputed by the servicer.
- QWR under RESPA requires the servicer to respond within a specific timeframe.
- Failure to respond may lead to penalties but not automatic transfer of authority.
Would you like to know more about the consequences and steps you can take next?
The servicer's lack of response to your Qualified Written Request (QWR) does not necessarily equate to giving you legal authority to act on their behalf. This interpretation can be highly contentious and likely to be disputed by the servicer.
- QWR under RESPA requires the servicer to respond within a specific timeframe.
- Failure to respond may lead to penalties but not automatic transfer of authority.
Would you like to know more about the consequences and steps you can take next?
yes
Case Rating: *
If the servicer did not respond to your QWR, they might face penalties under RESPA. However, asserting that their non-response grants you authority to act on their behalf is likely to be contested. You may want to consider the following actions:
- Consult an attorney: To understand the full implications and legal strategies.
- File a complaint: With the CFPB or relevant authorities regarding RESPA violations.
Would you like more detailed guidance on these actions?
If the servicer did not respond to your QWR, they might face penalties under RESPA. However, asserting that their non-response grants you authority to act on their behalf is likely to be contested. You may want to consider the following actions:
- Consult an attorney: To understand the full implications and legal strategies.
- File a complaint: With the CFPB or relevant authorities regarding RESPA violations.
Would you like more detailed guidance on these actions?
How about rescinding the mortgage "UNDER THE THREE DAY RULE, THE THREE YEAR LIMITATION, AND UNDER THE USURY AND GENERAL CLAIMS THEORIES AND CAUSES OF ACTION. BY FAILING TO DISCLOSE THE TRUE LENDER AND USING SUBTERFUGE TO HIDE THE FACT THAT THE ALLEGED LENDER AT CLOSING WAS PAID TO POSE AS THE LENDER WHEN IN FACT AN UNDISCLOSED UNREGISTERED THIRD PARTY HAD RENTED THE CHARTER OR LENDING LICENSE OF THE ALLEGED LENDER, THE LIMITATION ON MY RIGHT TO RESCIND WAS EXTENDED INDEFINITELY"
Case Rating: *
You have a complex situation involving various legal theories and claims. Here's some information that might help:
- Three-Day Rule: This refers to the right to rescind certain types of mortgages within three days of signing.
- Three-Year Limitation: Under TILA, rescission rights generally expire three years after the loan's consummation.
- Fraud and Usury Claims: These can extend or toll the statute of limitations if proven.
Would you like to discuss the specific evidence or documentation you have to support these claims?
You have a complex situation involving various legal theories and claims. Here's some information that might help:
- Three-Day Rule: This refers to the right to rescind certain types of mortgages within three days of signing.
- Three-Year Limitation: Under TILA, rescission rights generally expire three years after the loan's consummation.
- Fraud and Usury Claims: These can extend or toll the statute of limitations if proven.
Would you like to discuss the specific evidence or documentation you have to support these claims?
yes
Case Rating: *
Could you please share more details about the evidence or documentation you have to support your claims of fraud, usury, and the undisclosed third party involvement? This will help in understanding the strength of your case.
Could you please share more details about the evidence or documentation you have to support your claims of fraud, usury, and the undisclosed third party involvement? This will help in understanding the strength of your case.
I have evidence of inflated appraisal of the property and overstating of my income during "qualification" for the mortgage loan?
Case Rating: *
It seems you might have a strong case with evidence of inflated property appraisal and overstating of income during mortgage qualification. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
It seems you might have a strong case with evidence of inflated property appraisal and overstating of income during mortgage qualification. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
If I additionally claim fraud in the inducement (Borrower reasonably relied upon the representations and good faith estimates and the duty of the mortgage broker and the alleged lender to act within their duties as fiduciaries and representatives of the borrowers in executing a loan that was vastly different from the loan the borrower was promised.)
and fraud in the execution (Borrower reasonably relied upon the representations and good faith estimates of the parties at the alleged loan closing and was tricked into issuing what became a negotiable security from which the participants received fees and profits far in excess of their normal remuneration. The borrower, without his knowledge or consent was in fact issuing what would be used as a negotiable security to commit fraud upon other third parties.) are these general allegations sufficient? Then it would it be up to the servicer to file a lawsuit and rebut my allegations.
Case Rating: *
Your claims of fraud in the inducement and fraud in the execution, combined with evidence of inflated appraisal and misstated income, could be potentially strong. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you give me a bit more information about the issue?
Your claims of fraud in the inducement and fraud in the execution, combined with evidence of inflated appraisal and misstated income, could be potentially strong. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you give me a bit more information about the issue?
My understanding is that according to SCOTUS in Jesinoski v Countrywide mortgage rescission is effective upon mailing. If I mail and record such rescission would that stop the foreclosure since mortgage ceases to exist?
Case Rating: *
In Jesinoski v. Countrywide, SCOTUS held that rescission is effective upon mailing under TILA. However, whether this stops foreclosure depends on specific circumstances, such as the servicer's actions and state laws.
Would you like more detailed guidance on how to proceed with your rescission notice and its potential impact on foreclosure?
In Jesinoski v. Countrywide, SCOTUS held that rescission is effective upon mailing under TILA. However, whether this stops foreclosure depends on specific circumstances, such as the servicer's actions and state laws.
Would you like more detailed guidance on how to proceed with your rescission notice and its potential impact on foreclosure?
Pleas give me examples of circumstances, servicer's actions and state laws that have impact on whether the servicer can proceed with foreclosure?
Case Rating: *
Here are some examples of circumstances, servicer's actions, and state laws that impact whether the servicer can proceed with foreclosure in Massachusetts:
- Servicer's Actions:
- Failure to comply with notice requirements under MGL c. *, s. * and s. 35A.
- Violations of the Pooling and Servicing Agreement (PSA).
- Lack of standing to foreclose due to improper assignment of the mortgage.
- State Laws:
- MGL c. *, s. *: Requires specific foreclosure notice procedures.
- MGL c. *, s. 35A: Requires certain pre-foreclosure notifications and opportunities for the borrower to cure the default.
- MGL c. 93A: Prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce.
Would you like more detailed information on any of these points?
Here are some examples of circumstances, servicer's actions, and state laws that impact whether the servicer can proceed with foreclosure in Massachusetts:
- Servicer's Actions:
- Failure to comply with notice requirements under MGL c. *, s. * and s. 35A.
- Violations of the Pooling and Servicing Agreement (PSA).
- Lack of standing to foreclose due to improper assignment of the mortgage.
- State Laws:
- MGL c. *, s. *: Requires specific foreclosure notice procedures.
- MGL c. *, s. 35A: Requires certain pre-foreclosure notifications and opportunities for the borrower to cure the default.
- MGL c. 93A: Prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce.
Would you like more detailed information on any of these points?
If servicer violated * s */35A and additionally the mortgage is rescinded for fraud (*-14 days before scheduled foreclosure) and this information is recorded can they legally foreclose ?
Case Rating: *
In Massachusetts, if the servicer violated MGL c. *, s. * and s. 35A, and you rescind the mortgage for fraud with that information recorded, it complicates their ability to foreclose. However, they might still proceed unless a court order stops them.
Would you like more detailed information on how to proceed with legal action to enforce the rescission and stop the foreclosure?
In Massachusetts, if the servicer violated MGL c. *, s. * and s. 35A, and you rescind the mortgage for fraud with that information recorded, it complicates their ability to foreclose. However, they might still proceed unless a court order stops them.
Would you like more detailed information on how to proceed with legal action to enforce the rescission and stop the foreclosure?
If they choose to foreclose would they be able to record a foreclosure deed?
Case Rating: *
If the servicer chooses to foreclose despite the violations and rescission claim, they might still attempt to record a foreclosure deed. However, the validity of such a deed could be contested in court, especially if you have strong evidence of their non-compliance and fraud.
Would you like more detailed guidance on challenging the foreclosure deed in court?
If the servicer chooses to foreclose despite the violations and rescission claim, they might still attempt to record a foreclosure deed. However, the validity of such a deed could be contested in court, especially if you have strong evidence of their non-compliance and fraud.
Would you like more detailed guidance on challenging the foreclosure deed in court?
If I start a lawsuit and record the complaint would they be able to foreclose and record a foreclosure deed?
Case Rating: *
If you start a lawsuit and record the complaint, it may complicate the servicer’s ability to foreclose and record a foreclosure deed. However, it does not automatically stop the foreclosure process. Seeking a court injunction to halt foreclosure could be necessary.
Would you like more detailed guidance on how to file for a court injunction to stop the foreclosure?
If you start a lawsuit and record the complaint, it may complicate the servicer’s ability to foreclose and record a foreclosure deed. However, it does not automatically stop the foreclosure process. Seeking a court injunction to halt foreclosure could be necessary.
Would you like more detailed guidance on how to file for a court injunction to stop the foreclosure?
If I send a rescission, they do not act within 20 days, and I record the rescission could they still attempt foreclosure?
Case Rating: *
Yes, if you send a rescission notice and the servicer does not act within 20 days, recording the rescission might not automatically stop foreclosure. They could still attempt to foreclose, but the rescission could be used to contest the foreclosure in court.
Would you like more detailed guidance on how to proceed with enforcing the rescission and challenging the foreclosure?
Yes, if you send a rescission notice and the servicer does not act within 20 days, recording the rescission might not automatically stop foreclosure. They could still attempt to foreclose, but the rescission could be used to contest the foreclosure in court.
Would you like more detailed guidance on how to proceed with enforcing the rescission and challenging the foreclosure?
yes
Case Rating: *
It seems like your situation is quite complex and potentially strong given the multiple legal angles and evidence you have. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you give me a bit more information about the issue?
What is your phone number?
It seems like your situation is quite complex and potentially strong given the multiple legal angles and evidence you have. Would you like to be connected to local lawyers who can better assist you with your case? If yes, can you give me a bit more information about the issue?
What is your phone number?
If I send a rescission plus record the rescission 10 days before foreclosure can I file for TRO pending servicers response to rescission without filing a complaint?
Case Rating: *
You might be able to file for a Temporary Restraining Order (TRO) pending the servicer's response to your rescission without filing a full complaint. However, Massachusetts courts generally prefer a formal complaint to accompany such requests.
Would you like more detailed guidance on how to proceed with filing for a TRO?
You might be able to file for a Temporary Restraining Order (TRO) pending the servicer's response to your rescission without filing a full complaint. However, Massachusetts courts generally prefer a formal complaint to accompany such requests.
Would you like more detailed guidance on how to proceed with filing for a TRO?
I would prefer to be a defendant in this case because that shifts burden of proof on the servicer. If rescission is effective upon mailing and mortgage no longer exist can I argue in the TRO that there should be no foreclosure unless the servicer takes legal action to invalidate the rescission?
Case Rating: *
You could argue in your TRO that rescission is effective upon mailing and therefore, the mortgage no longer exists, which shifts the burden to the servicer to invalidate the rescission.
Would you like more detailed guidance on how to draft this TRO?
You could argue in your TRO that rescission is effective upon mailing and therefore, the mortgage no longer exists, which shifts the burden to the servicer to invalidate the rescission.
Would you like more detailed guidance on how to draft this TRO?
yes
Case Rating: *
It seems like you have a potentially strong case with multiple legal angles. Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
It seems like you have a potentially strong case with multiple legal angles. Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
under what circumstance the court would allow me to file for TRO without the complaint?
Case Rating: *
You might be able to file for a Temporary Restraining Order (TRO) without a full complaint in situations where immediate and irreparable harm is evident, and the matter is urgent. However, Massachusetts courts generally prefer a formal complaint to accompany TRO requests.
Would you like more detailed guidance on how to proceed with filing for a TRO?
You might be able to file for a Temporary Restraining Order (TRO) without a full complaint in situations where immediate and irreparable harm is evident, and the matter is urgent. However, Massachusetts courts generally prefer a formal complaint to accompany TRO requests.
Would you like more detailed guidance on how to proceed with filing for a TRO?
is there MRCP that defines exceptions to TRO being accompanied by the complaint?
Case Rating: *
In Massachusetts, the Massachusetts Rules of Civil Procedure (MRCP) generally require that a complaint accompany a request for a Temporary Restraining Order (TRO). There is no specific rule that defines exceptions to this requirement. However, in highly urgent cases, the court might entertain a TRO request without an accompanying complaint, but this is not the standard practice.
Would you like more detailed guidance on how to proceed with filing for a TRO?
In Massachusetts, the Massachusetts Rules of Civil Procedure (MRCP) generally require that a complaint accompany a request for a Temporary Restraining Order (TRO). There is no specific rule that defines exceptions to this requirement. However, in highly urgent cases, the court might entertain a TRO request without an accompanying complaint, but this is not the standard practice.
Would you like more detailed guidance on how to proceed with filing for a TRO?
what is the obolete mortgage statute in masschusetts
Case Rating: *
In Massachusetts, the "Obsolete Mortgage Statute" refers to Massachusetts General Laws Chapter *, Section *, which limits the enforceability of a mortgage if it has not been acted upon within a certain period.
- A mortgage becomes unenforceable after 35 years from the date of recording, or
- 5 years after the stated maturity date, whichever is later.
Do you need more details on how this statute applies to your situation?
In Massachusetts, the "Obsolete Mortgage Statute" refers to Massachusetts General Laws Chapter *, Section *, which limits the enforceability of a mortgage if it has not been acted upon within a certain period.
- A mortgage becomes unenforceable after 35 years from the date of recording, or
- 5 years after the stated maturity date, whichever is later.
Do you need more details on how this statute applies to your situation?
does mortgage become obsolete 5 years after acceleration of the note
Case Rating: *
In Massachusetts, a mortgage does not become automatically obsolete 5 years after the acceleration of the note. The "Obsolete Mortgage Statute" (MGL c. *, s. *) generally applies based on the later of 35 years from the recording date or 5 years after the stated maturity date of the mortgage.
Would you like more detailed information on how this statute applies to your situation?
In Massachusetts, a mortgage does not become automatically obsolete 5 years after the acceleration of the note. The "Obsolete Mortgage Statute" (MGL c. *, s. *) generally applies based on the later of 35 years from the recording date or 5 years after the stated maturity date of the mortgage.
Would you like more detailed information on how this statute applies to your situation?
can superior court decide quiet title or try title issues
Case Rating: *
Yes, in Massachusetts, the Superior Court can decide quiet title and try title issues. Quiet title actions are used to resolve disputes over the ownership of property and to clear any clouds on the title.
Would you like more detailed information on how to initiate a quiet title action in Massachusetts?
Yes, in Massachusetts, the Superior Court can decide quiet title and try title issues. Quiet title actions are used to resolve disputes over the ownership of property and to clear any clouds on the title.
Would you like more detailed information on how to initiate a quiet title action in Massachusetts?
difference between quiet title vs try title
Case Rating: *
Difference Between Quiet Title and Try Title Actions:
- Quiet Title:
- Purpose: To resolve disputes and establish ownership of real property.
- Process: Plaintiff files a lawsuit to remove any claims or clouds on the title.
- Result: Court judgment clarifies the rightful owner and clears the title.
- Try Title:
- Purpose: To force an adverse claimant to prove their claim to the property.
- Process: More formal and involves specific procedural steps under MGL c. *, §§ *-*.
- Result: Resolves whether the adverse claimant has a valid interest in the property.
Would you like more detailed guidance on how to initiate a quiet title or try title action?
- Quiet Title:
- Purpose: To resolve disputes and establish ownership of real property.
- Process: Plaintiff files a lawsuit to remove any claims or clouds on the title.
- Result: Court judgment clarifies the rightful owner and clears the title.
- Try Title:
- Purpose: To force an adverse claimant to prove their claim to the property.
- Process: More formal and involves specific procedural steps under MGL c. *, §§ *-*.
- Result: Resolves whether the adverse claimant has a valid interest in the property.
Would you like more detailed guidance on how to initiate a quiet title or try title action?
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