Default, Real Estate, & Collection Attorneys Woburn, Massachusetts

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Massachusetts Legal News

Federal | Legal Alerts

Non-Judicial Foreclosures and Junior Federal Non-IRS Liens

As many of you may be aware, the impact of the Show Me State Premium Homes, LLC v. McDonnell, 74 F.4th 911, 914 (8th Cir. 2023), reh'g denied, No. 22-1894, 2023 WL 5920101 (8th Cir. Sept. 12, 2023) 8th Circuit Court of Appeals case is rippling through our industry. This week, a major underwriter issued guidance indicating that a junior non-IRS lien should be...

Massachusetts | Legal Alerts

Sales Aren’t So Safe – Massachusetts Bankruptcy Court Upholds Debtor’s Power to Undo Foreclosure Sale

In a unique opinion out of the District of Massachusetts (resurfacing the problematic issue of bankruptcy debtor’s strong-arm powers), the bankruptcy court in In re Neiva, 2024 WL 544049 determined that a bankruptcy debtor has the ability to unwind a valid pre-petition foreclosure sale, by utilizing avoidance powers of §544(a)(3) of the Bankruptcy Code. The bankruptcy court – describing a “well-settled” law of the...

Federal | Legal Alerts

CFPB’s Proposed Debt Collection Rule

On Tuesday, May 7, 2019 the Consumer Financial Protection Bureau (CFPB) issued their proposal to amend Regulation F, which incorporates the Fair Debt Collection Practices Act (FDCPA). The proposed rule takes into account the current communication landscape, which vastly differs from when the FDCPA was first enacted. Specifically, it clarifies how debt collectors can communicate with consumers via email and text messages. The use of...

Federal | Legal Alerts

Obduskey v. McCarthy & Holthus 

U.S. Supreme Court rules that businesses engaged in nonjudicial foreclosure proceedings are not considered "debt collectors" under the Fair Debt Collection Practices Act. In a much-anticipated decision, the U.S. Supreme Court upheld the Tenth Circuit by holding that entities conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act, except in the limited scope of §1692f(6). The unanimous Court reviewed the nonjudicial practices of...