In the recent decision of Bank of New York v. Bailey, issued by the Massachusetts Supreme Judicial Court, the court held that a homeowner whose mortgage was foreclosed by a lender could raise as a defense, in a subsequent eviction proceeding filed against the homeowner, that the lender had failed to properly conduct the sale. In the past, the homeowner had to engage counsel to file an action against the lender to overturn the sale, but now they can raise the issue in any subsequent eviction proceeding.
If you need assistance with a foreclosure, eviction proceeding, or any other real estate issue, please contact our office.