Showing 2 posts in Massachusetts Supreme Judicial Court.

Hinshaw's Dave Schultz Addresses Massachusetts Supreme Court in Debt Collection Licensing Dispute

January 24, 2018 by Hinshaw

The Massachusetts Supreme Court recently heard oral argument about whether a passive debt buyer is required to be licensed. An active and engaged panel questioned the attorneys on the issues, earlier this month. The debt buyer defendant was represented in oral argument by Hinshaw partner David Schultz. More ›

Attention Mortgage Loan Servicers: Highest Court in Massachusetts Attempts to Clarify When Default Notices Must Strictly Comply with Paragraph 22 of the Standard Mortgage

May 15, 2017 by Hinshaw & Culbertson LLP

The Massachusetts Supreme Judicial Court (SJC) provided further guidance - up to a point - on mortgagees’ strict compliance with the notice of default provisions within paragraph 22 of the standard mortgage (or the equivalent) and when that standard takes effect. Mortgage holders have litigated this issue for years in Massachusetts, and the SJC first addressed compliance with paragraph 22 in a July 17, 2015 decision Pinti v. Emigrant Mtge. Co., 472 Mass. 226 (2015). In Pinti, the SJC ruled that "strict compliance" with paragraph 22 was required to effectuate a valid foreclosure pursuant to the statutory power of sale. Understanding that this decision would invalidate hundreds and potentially thousands of foreclosures in Massachusetts, the SJC held that its newly minted strict compliance standard would apply prospectively from its July 17, 2015 decision. However, the SJC neglected to address whether the strict compliance standard would apply to cases already filed in the trial and appellate courts. This caused conflicting decisions by the Massachusetts courts and required the SJC to review its Pinti decision in short term after several appeals were filed. More ›

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