Massachusetts Foreclosure Assignment Law

Summary

In Massachusetts, the U.S. Bank Natl Assn v. Ibanez case requires an assignee to have a recorded, authenticated assignment of the mortgage note before starting foreclosure proceedings. This ensures the assignees legal standing to foreclose.

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What MA law states an assignee seeking to foreclose must have a recorded authenticated assignment indicating a transfer of the mortgage note prior to initiating the foreclosure.
Hey ****! In Massachusetts, the relevant law is found in the case of U.S. Bank Nat'l Ass'n v. Ibanez, * Mass. * (*). The Massachusetts Supreme Judicial Court held that an assignee must have a recorded, authenticated assignment of the mortgage note before initiating foreclosure.
Do you have any additional questions or need further clarification on this matter?
Yes, What is the name of that MA Law?
Hey ****! The relevant legal principle is derived from the Massachusetts Supreme Judicial Court case, U.S. Bank Nat'l Ass'n v. Ibanez, * Mass. * (*), rather than a specific statute. This case established the requirement for a recorded, authenticated assignment before foreclosure.
Do you have any other questions or need further clarification?
Is the following a valid start to QWR? Please enhance; I am exercising my rights under U.C.C. -ARTICLE * -*-* (b) * (*) to personally inspect the Original Wet Ink Note, Allonge and Original Wet Ink Trust. I am entitled to demand presentation of the negotiable instrument under RESPA. Please contact me to arrange a time for me, my attorney and a fingerprint expert to come to the location where the Original Wet Ink Note, Original Wet Ink Trust and Allonge are being held.
Case Rating: *.
Hi ****! Your QWR (Qualified Written Request) is a good start. Here’s an enhanced version:
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I am exercising my rights under U.C.C. Article *, Section *-*(b)(*)(*) to personally inspect the original wet ink note, allonge, and original wet ink trust. I am entitled to demand presentation of the negotiable instrument under RESPA.
Please contact me to arrange a time for me, my attorney, and a fingerprint expert to come to the location where the original wet ink note, original wet ink trust, and allonge are being held.
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Do you have any further questions or need more assistance?
Yes; WARNING: by way of this letter, and its attorneys are being advised of the serious nature of issues uncovered in the note and chain of title in your attempt to collect a debt with illegal or forged documents. If, an employee of ORLANS PC c/o THE BANK OF NEW YORK MELLON . any attorney representing ORLANS PC C/O THE BANK OF NEW YORK MELLON or any third party now being made aware of these issues attempted to collect a debt and foreclosured on my wrongly, you will be in violation of the Fair Debt Collections Practices Act, the Sarbanes and Oxley Act. ORLANS PC C/O THE BANK OF NEW YORK MELLON and its attorneys will be willfully committing fraud and perjury upon the court. Please be aware that this correspondence has been recorded and made a permanent record in the chain of title for the purpose of full disclosure to all current and future parties.
Hey ****! Your letter seems quite comprehensive and assertive. Here are some key points to ensure clarity and effectiveness:
- Clearly state the legal violations (Fair Debt Collections Practices Act, Sarbanes-Oxley Act).
- Specify the fraudulent actions (forged documents, wrongful foreclosure).
- Mention the recording and permanence in the chain of title.
Is there anything specific you need help with in your letter, or any other legal questions?
SECOND FORMAL REQUEST THIS IS MY FOURTH DISPUTE OF THIS MORTGAGE DEBT AND DEMAND FOR DEBT VALIDATION AND IT HAS BEEN MORE THAN * DAYS SINCE MY FIRST DEMAND AND IS A VIOLATION OF THE (FDCPA) Bank of New York Mellon as Trustee hereby (BNYMT) and, Select Portfolio Servicing, hereby (SPS) Loan Servicing, Bank of America hereby (BOA) has failed to validate that they are secured creditor, leaving them with a status of being Debt Collectors.
Hi ****! Your letter is clear about the lack of debt validation and the violation of the FDCPA. Here are a few additional points to ensure it's comprehensive:
- State the specific FDCPA sections violated.
- Mention the consequences of non-compliance (legal action, penalties).
- Request a specific timeframe for response.
Do you need help with any specific portion of the letter?
According to Cornell Law, * USC § 1692a(*), Debt Collectors are not Creditors; The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. Please accept this communication as a: (*) Dispute and Demand to Validate Debt pursuant to the Fair Debt Collection Practices Act (“FDCPA”) (* U.S.C. § *(g)); (*) Notice of Error and Qualified Written Request (“QWR”) pursuant to Real Estate Settlement Procedures Act (“RESPA”) (* U.S.C. § *(e)) and the Truth in Lending Act (“TILA”) (* U.S.C. § * et seq.); and (*) Demand to Present pursuant to * U.S.C. § *(f).
Your communication is well-structured and comprehensive. Here are a few suggestions for enhancement:
- Clearly list the specific sections of the FDCPA, RESPA, and TILA being invoked.
- Mention potential consequences for non-compliance.
- Request a timeline for response.
Is there any specific section of your communication that you need further assistance with?