Posts tagged "1101215"

Shea v. Federal National Mortgage Association, et al. (Lawyers Weekly No. 11-012-15)

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13-P-1630                                       Appeals Court

PAUL SHEA  vs.  FEDERAL NATIONAL MORTGAGE ASSOCIATION & others.[1]

No. 13-P-1630.     February 18, 2015.

Real Property, Mortgage.  AssignmentMortgage, Real estate, Assignment, Foreclosure.  Practice, Civil, Motion to dismiss.

     At issue is whether a judge properly dismissed[2] the plaintiff’s claims[3] attacking the validity of a mortgage foreclosure to which Eaton v. Federal Natl. Mort. Assn., 462 Mass. 569 (2012), does not apply.[4]  The plaintiff contends that the foreclosure was void because the mortgage was not validly assigned to OneWest Bank FSB (OneWest), the foreclosing mortgagee.  He argues that the assignment was invalid because (1) the assignor never held the underlying note, and (2) the assignment was not specifically authorized by the owner of the debt.[5]  We affirm.[6] read more

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Posted by Massachusetts Legal Resources - February 18, 2015 at 10:48 pm

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