Legal Opinion

Laguer v. OneWest Bank, FSB

Massachusetts Superior Court

Decided February 27, 2013No. MICV2010033353Published

1Opinion of the Court

Salinger, Kenneth W., J.

Lydia Laguer brought this lawsuit to challenge the mortgage foreclosure sale of her home. The Court ALLOWS OneWest’s motion for summary judgment and DENIES Laguer’s motion to amend her complaint because: (1) Laguer’s loan is not subject to the Massachusetts Predatory Home Loan Practices Act, G.L.c. 183C, and in any case federal law governing federally-chartered savings banks would preempt application of c. 183C to Laguer’s loan; (2) OneWest holds Laguer’s mortgage and has standing to foreclose; (3) Laguer cannot bring suit to enforce directives issued by the United…

2Cases cited37 opinions

  1. Gonzaga University v. DoeSupreme Court of the United States · 2002
  2. Alexander v. SandovalSupreme Court of the United States · 2001
  3. Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
  4. Klamath Water Users Protective Ass'n v. PattersonCourt of Appeals for the Ninth Circuit · 1999
  5. Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012

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