Foreclosure Thwarted by Glickman Turley

Glickman Turley LLP secured an injunction to prevent a foreclosure of a client's home the day before the auction. Arguing before Norfolk Superior Court, we noted that the lender had promised modification of the predatory loan on three separate occasions but failed to finalize the modification agreement each time.  Additionally, the lender sent three mortgage payments back to the client once the loan was declared to be in default.  Last summer, we sent a demand letter to the lender requesting the promised modification.  The mortgagee did not respond. We also argued that the client did not get 150 days notice of the foreclosure from the assigned mortgagee as required under emergency legislation.  The judge agreed that our client would suffer irreparable harm by letting the foreclosure proceed and that the balance of equity was on her side.  The client will be making mortgage payments into an escrow account during the course of litigation.  There have been a number of recent court decisions which has changed how foreclosures are managed in Massachusetts. Attorney General Coakley has been at the forefront of trying to help home owners under water.  Lenders are now on notice that Massachusetts is promoting fairness to borrowers.