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ARTICLE · 09 DECEMBER 2010

Successful Mortgage Default Litigation Requires Experienced Counsel to Navigate Complex Array of New Claims

Prince Lobel
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Default litigation in Massachusetts and throughout New England is a hotbed of new terms, novel claims, and intense judicial scrutiny of lending and foreclosure practices. Homeowners facing foreclosure are aggressively pursuing lawsuits in an effort to save their homes from auction, or to compel loan workouts with their mortgage company.

United StatesFinance and Banking
David Rosen
David Rosen

Default litigation in Massachusetts and throughout New England is a hotbed of new terms, novel claims, and intense judicial scrutiny of lending and foreclosure practices. Homeowners facing foreclosure are aggressively pursuing lawsuits in an effort to save their homes from auction, or to compel loan workouts with their mortgage company.

Words and phrases such as "Ibanez," "the Fremont injunction standard," "MERS standing to foreclose," and "HAMP and TARP" are now commonplace in pleadings and court decisions. A typical case can contain loan origination, TILA and RESPA issues, payment disputes, servicing claims, standing challenges, building code violations, consumer protection claims, allege breaches of contract or breaches of good faith and fair dealing in loan workouts, and assert technical violations of numerous other laws.

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