Author Archives: George Bourguignon
My landlord was foreclosed upon, is there a federal law that can protect me from eviction?
1 January 2013 Yes, the law is The Protecting Tenants at Foreclosure Act of 2009. It is aimed to provide some limited eviction protection to certain tenants living in residential property that was foreclosed upon, or for tenants affected by the foreclosure on a “federally related mortgage loan.”And the law IScurrently in force. There appeared […]
Do I need to include my social security (retirement) income in the calculation of my plan payment in chapter 13 bankruptcy?
22 December 2012 It depends. It is a legal question that is playing out in the courts right now. If you live in the fifth or tenth federal circuit (Massachusetts is in the first circuit), and arguably in the sixth or eighth circuit, then the answer is yes. Generally anywhere else it depends on the […]
I want to file bankruptcy but was told that the amount of my income is too high and I will not satisfy the mean test, what is the means test and what can I do?
21 December 2012 The means test in bankruptcy was one of the most important changes to the bankruptcy code made in 2005 under Bankruptcy Abuse Prevention and Consumer Protection Act, known as “BAPCPA.” The means test is trying to make sure that people who have the “means” to repay their debts, in fact due, conceivably […]
I am deciding between bankruptcy attorneys, one that costs less and will perform the bare minimum, and another that costs more and provides more, which one should I hire?
8 December 2012 Answer: Probably the one that plans to do more for you. Here is one example of why hiring the best lawyer you can afford to file a bankruptcy for you, one who is more likely to stay current on the law, may be worth it. It is In re Belforte, Case No. […]
I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?
8 December 2012 The most important task is to immediately obtain counsel. Typically the hearing is set within 10 days of an initial hearing, a hearing that the defendant typically did not have notice of or appear at. So there is not much time to prepare to begin with. This is true for cases under […]
I have been informed in a “forensic audit” of the chain of title of my mortgage, or another source, that the terms of a Pooling and Servicing Agreement (PSA) has been violated related to the assignment of my mortgage. Can I challenge a pending foreclosure on this basis?
5 November 2012 Answer: No, with the caveat that each case has unique facts that deserve independent evaluation. This argument raises questions of standing and whether an assignment is void vs. voidable. The overwhelming consensus from courts is that a mortgagor does not have standing to raise a violation of the PSA as grounds to […]
One or more of the assignments in the chain of title for my mortgage was signed by a “known robo-signer.” Can I challenge a pending foreclosure on this basis?
2 November 2012 Answer: Although each case has unique facts that deserve independent evaluation, probably not. Although there has been much robo-signing in various contexts that has come to light in recent years, this does not necessarily translate into a winning argument to invalidate an assignment and a successful foreclosure defense. The robo-signing argument is […]
Want to hire a cheap lawyer, watch out! (Part 2)
13 October 2012 When contemplating which attorney to hire, price is typically a factor, but some people seem to weigh it too heavily and end up with the cheapest attorney they can find. Not only do they run the increased risk that their chosen attorney could cut corners (Want to hire a cheap lawyer, watch […]
Massachusetts’ new foreclosure law: how much does it change the landscape of foreclosure law in Massachusetts.
3 October 2012 On 3 August 2012 the Governor signed the law and the substantive portions take effect on 1 November 2012. It has four main, significant changes to Massachusetts foreclosure law, a very brief description of the changes are: 1) If a mortgage is assigned, the chain of mortgage assignments must be recorded with […]
If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law for violation of her privacy?
17 September 2012 Most likely. The topless photos of Kate Middleton reportedly were taken in the south of France while the royal couple was sunbathing. The pictures apparently were obtained from a significant distance, one report being a ½ mile away. Although the privacy laws in France are known to be some of the strictest […]