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Right to cure foreclosure defense under M.G.L. chapter 244 section 35A in Massachusetts, an update.

23 March 2014             A significant and potent weapon in the arsenal of foreclosure defense litigants and attorneys was curtailed greatly earlier this month by the Supreme Judicial Court of Massachusetts with its decision U.S. Bank, N.A. v. Schumacher.  The question was whether Mass. Gen. Laws c. 244 § 35A was one of the statutes […]

My privacy rights in Massachusetts may have been violated; is the inappropriate release of my private/confidential information to one person enough to substantiate a valid claim?

3 March 2014Answer: Yes, in Massachusetts release to one person is enough.  But keep in mind the release still must be deemed: 1) serious or substantial; and 2) unreasonable.  Mass. Gen. Laws. c. 214 Section 1B.   The Supreme Judicial Court of Massachusetts was asked the certified question from a federal court the following: Can […]

I believe that my privacy has been violated in Massachusetts, do I have a legal claim and are there legally recognized damages?

24 February 2014 Answer:  Quite possibly and quite possibly. Massachusetts provides a statutory “right against unreasonable, substantial or serious interference with . . . privacy.”  Mass. Gen. Laws c. 214, § 1B.  The superior court of Massachusetts is granted with jurisdiction to decide such matters.  Id.  Equitable relief, such as an injunction, is available under […]

After my chapter 13 plan is confirmed, what happens if an asset I have increases in value and I want to sell it and use the proceeds?

3 February 2014 Answer: The whole picture changes and you have to account for the increase in the asset’s value, among other things, so you may want to think very hard before taking that path. Your chapter 13 plan is moving along and your plan has been confirmed, that means it has been accepted and […]

What do I do if I have a claim against someone/something, but I do not know who/what he/it is?

4 January 2014 This may sound funny to someone not in the situation, but it does happen; someone or something did something to you, but you are not able to identify them, at least at this time.  For many people, they simply give up since they are unable to name the actual entity that conducted […]

How do I prepare a demand letter pursuant to Mass. Gen. Laws chapter 93A?

13 December 2013 There are many requirements to a demand letter (and we will touch on only one of them in this post).  The point to keep in mind is that it is not just a letter, it is a unique, special letter that if done properly triggers the obligations and protections afforded by the […]

I filed for bankruptcy and my credit union has frozen my bank account and seeks to “set off” the funds because of an outstanding balance on my credit union credit card, what can I do?

2 December 2013 There may be hope.  Initially, we will cover some history on the subject.  Although it seems credit unions and bank have not tried this much in Massachusetts, in the past a credit union generally had a right to administratively freeze a bank account to prepare to seek a set off to collect […]

What is a deficiency, and what is a deficiency that relates to a residential mortgage?

14 November 2013 A deficiency is the word typically used in the insolvency realm to refer to the amount of money that remains due after the collateral in a secured loan is applied to the total balance due.  For the average consumer, a deficiency can arise with the two most common types of secured loans, […]

My deposition was taken in a Massachusetts case and there are some answers I would like to change, can I make changes and how are changes made?

11 October 2013 Yes, you can make changes to correct typographical and transcription errors, and in Massachusetts, you can make substantive changes as well, even if the changes are clarifying or contradictory.  Smaland Beach Assoc., Inc. c. Genova, 461 Mass. 214, 228 (2012).  The changes are to be made in the form of an “errata […]

I am interested in filing a chapter 11 to keep my business going, what does it cost?

2 August 2013 Quick Answer: A lot.  The filing fee is $1,046.00, administrative costs will likely be thousands, and one can expect to pay five figure amounts in attorneys’ fees.  Further, there are costs that can be unexpected that make a precise estimate impossible, one which is discussed below, but first, a brief introduction. Frequently […]