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Posts tagged "Supreme Judicial Court"

Massachusetts Supreme Judicial Court Rejects Challenge To Attorney's Authority To Conduct Foreclosure Activities For Client Without Written Authorization

The Massachusetts Supreme Judicial Court (the "SJC) has rejected a challenge to the authority of an attorney to conduct foreclosure activities on behalf of clients without specific written authorization to perform those activities.  See Federal National Mortgage Association v. Rego, et al., No. SJC-11927, 2015 WL 10895667 (Mass. May 24, 2016).  At a foreclosure sale conducted by GMAC Mortgage, LLC, Federal National Mortgage Association ("Fannie Mae") purchased the home formerly owned by Edward and Emanuela Rego.  When Fannie Mae filed a complaint for summary process in the Housing Court seeking possession of the home, the Regos argued that the foreclosure sale was void because the attorneys for GMAC lacked authority to undertake foreclosure activities on GMAC's behalf because their actions had not been authorized by a prior writing pursuant to Mass. Gen. L. c. 244, § 14 ("Section 14").

Supreme Judicial Court Reconsiders What It Means to Be a Legal Parent in Massachusetts

Last month, the Commonwealth's highest appellate court considered how legal parenthood is defined in the context of children born to a same-sex couple as a result of artificial insemination.  The case, Partanen v. Gallagher, is currently under advisement by the Supreme Judicial Court.  The Court's opinion could result in new parameters for what it means to be a parent in Massachusetts.  At issue is the scope of the legal rights that an unmarried woman, who was previously in a relationship with the child's biological mother when the child was conceived using artificial insemination, enjoys after the relationship ends.

SJC Interprets and Upholds 'Obsolete Mortgage' Statute

Where a mortgage states the term of its underlying debt but includes no separate statement of its own term, the two are one-and-the-same, the Massachusetts Supreme Judicial Court (the "SJC") has decided in an opinion interpreting and upholding the so-called "obsolete mortgage" statute.

Supreme Judicial Court: 'Try Title' Actions Challenging Foreclosure Are Only Available After Foreclosure Occurs

In a decision handed down earlier this month, the Massachusetts Supreme Judicial Court (the "SJC") has resolved a split among Land Court justices regarding the availability of a "try title" action brought against a mortgagee prior to foreclosure.

Supreme Judicial Court: 'Try Title' Actions Challenging Foreclosure Are Only Available After Foreclosure Occurs

In a decision handed down earlier this month, the Massachusetts Supreme Judicial Court (the "SJC") has resolved a split among Land Court justices regarding the availability of a "try title" action brought against a mortgagee prior to foreclosure.

Supreme Judicial Court Decides Forced Withdrawals From ATM Satisfy Criminal Statute's Intent Requirement

An act of theft committed by forcing the victim to withdraw money from an Automated Teller Machine ("ATM") is sufficient to trigger conviction under a Massachusetts statute prohibiting "confining to commit a felony" (see G.L. c. 265, § 21), the Supreme Judicial Court (the "SJC") decided last month.

Modification of Child Support: What legal standard should be applied in a child support modification action?

On March 12, 2013, the Supreme Judicial Court ("SJC") in Morales v. Morales - SJC-11104 ruled that a divorced parent need not prove the widely recognized legal standard of "material and substantial change in circumstance" in order to modify a child support order in the Massachusetts Probate and Family Court.  

Abuse Prevention Orders: Abuse and Substantive Dating Relationships

In a recent case, E.C.O. vs. Gregory James Compton (SJC-11259, March 13, 2013), the Massachusetts Supreme Judicial Court overturned a District Court Judge's extension of a G.L. c. 209A Abuse Prevention Order in favor of a 16-year-old girl whose father obtained a restraining order against a 24-year-old man, with whom the daughter was involved while she was traveling abroad.  In doing so, the court shed some more light on legal standards in obtaining abuse prevention orders in general.

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