Ruling adjusts homeowner rights after foreclosure

"[T]he Housing Court has jurisdiction to decide the validity of a challenge to a title, raised by a former homeowner as a defense to a summary process eviction action by a party acquiring the property pursuant to a foreclosure sale." Commonwealth v. Fremont Investment and Loan, 452 Mass. 733 (2008)

The ruling goes against long-standing Massachusetts case law concerning the rights of third party purchasers of foreclosed properties. Massachusetts courts have universally held that after default and foreclosure, a former mortgagor is a tenant-at-sufferance, i.e., an occupant who has lost his or her title to the premises with no further right to possession.

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Question: I owe $1,600 in past due homeowner association assessments. Meanwhile I’m facing foreclosure, and no one will talk to me or accept my payments. Do I have any rights? Answer: Your rights.

 · Pro se homeowner wins rare federal stay of sale in foreclosure case. lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a.

Senate Bill 1150 boosts protections against foreclosure for surviving spouses who own their home but are not on its mortgage note. Consumer groups say survivors – including those who inherit property.

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