Legal Opinion
Bailey v. Wells Fargo Bank, NA
United States Bankruptcy Court, D. Massachusetts
Decided April 10, 2012No. Bankruptcy No. 09-44760-HJB; Adversary No. 09-4190PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court are the parties’ cross-motions for summary judgment on the debtor’s claim that the defendant’s prepetition foreclosure of her residence was void under Massachusetts law because the defendant did not provide proper notice of the foreclosure and did not hold the mortgage on the property at either the time it sent notice of the foreclosure or at the time of the foreclosure sale. Although many of the discrete arguments raised in the motions are determinable on summary judgment, for the reasons that follow, remaining issues…
2Cases cited32 opinions
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Lance v. DennisSupreme Court of the United States · 2006
- Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
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3Cited by6 opinions
- Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
- Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira)United States Bankruptcy Court, D. Massachusetts · 2014
- In Re BaileyUnited States Bankruptcy Court, D. Massachusetts · 2012
- Lacey v. BAC Home Loans Servicing, LP (In re Lacey)United States Bankruptcy Court, D. Massachusetts · 2012
- Lassman v. HSBC Bank USA., N.A. (In re DeMore)United States Bankruptcy Court, D. Massachusetts · 2015
1 more not listed; retrieve them via the Exa API.