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Appellee Eaton Supplemental Brief MA-Eaton v FNMA

Appellee Eaton Supplemental Brief MA-Eaton v FNMA

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Published by 83jjmack
Additional and amicus curie legal briefs have been filed in much awaited case of Eaton v. Federal National Mortgage Ass’n. The briefs were filed in response to the SJC’s concern over whether an adverse ruling against foreclosing lenders will have a disastrous impact on foreclosure titles and, if so, whether its ruling should be applied prospectively rather than retroactively
Additional and amicus curie legal briefs have been filed in much awaited case of Eaton v. Federal National Mortgage Ass’n. The briefs were filed in response to the SJC’s concern over whether an adverse ruling against foreclosing lenders will have a disastrous impact on foreclosure titles and, if so, whether its ruling should be applied prospectively rather than retroactively

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Published by: 83jjmack on Feb 01, 2012
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02/02/2012

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!
1
'
8
~
I
COMMOFlWEALTH
OF
MaSSACHUSETTS
SUPREME JUDICIAL
COURT
.....
_
......
......
-
...........
---
HENRIETTA
EATON,
PlainLiff
/
Nppcllee
v
FEDER.A.1. ATIONAL MORTGAGE
A!S.C3(>C
IATION
and
I;P,EEN
TREE SERVICING. LLC
3cIcndant
5
/
Appellants
....
ON APFEAL
FROM
AN
OKUE1R
(I?
PRELIMINARYINJUNCTION
ilk'
'THE
SIJPERIOR
COURTDEPARTMENTOF
TI12
TP.IAL COURT
-.
.
-
SWPPLEMZNTAL
BRIEF
OF
APPELLEE
......
.
......
-
On
the
DricL:
 
TABLE
OF
CONTENTS
i
.
I.
Because It
Would
Merely Reaffirm Existing Law
arid
Standard
Practices,
a
Ruling for
Ms.
11I.Upholding the Common
Law
Rule
Will
Not Have
a
Signi.ficant Effect on the Commonwealth's PropertySystem
5
A.
Title Challenges Based on the E'oreclusingEntity's Failure
to
Hold
the Note
Will
Be
Rare
6
1.Most Borrowers Have
1,ittle
to Gain
from
a
Title
6
2.A
B.
Because
A
Successful Title Challenge-or
Any
Challenge
at
AII-,Is Ext.remely
Inlikely,
Title
Is
C.
Any
Disruption Caused
by
Confirrainy the CommonJAaw Rule
Could
Re
Addressed by the GeneralCourt Once the
Contours
of
the Problem WereKnown.
CONCLUSION
.........................................
3.5
 
TABLE
OF
AUTHORITIESCASES
Bank
of
New
.
York
v.
Bailey,
460
Mass.
327
(2011)
......................................
8,
9,
13
Bank
of
New
York
v. Silverberq,
926
N.Y.S.2d 53%(N.Y.
.
2
2
-
2
First African
McLhodist
",.
Episcopal
,
Soc'y
v.
Brown,
_
Franklin
Credit
Mgmt.
Corp.
v.
Nicholas,
812
A.2d
51,57
2
Howe
-
1
2
2
.
.
v. 
.
-
1
2011)
..............................................
2
(2011)
...................................
1,
3,
5,
13
G.L.
4
U.S.
Bank
Nat.
Ass'n
,,.-.
v.
Ibanez,
,,..,
".
458
Mass.
63.7
STATUTES
G.L.
5
ii

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