Paisley v. GMAC Mortgage, LLC

Hely, Charles J., J.

A. Absence of a Demand Letter

Under G.L.c. 93A, §9(3), the demand letter requirements “shall not apply ... if the prospective respondent does not maintain a place of business or does not keep assets within the commonwealth ...” This means that a demand letter is not required if GMAC either does not maintain a place of business in the Commonwealth “or” does not keep assets within the Commonwealth.

GMAC does keep assets in the Commonwealth, for example, mortgage interests in Massachusetts real estate. The demand letter requirement is excused by the statutory language, however,…