Wednesday, December 18, 2013

Foreclosed Homeowners Have Tenant Rights in Eviction Actions

The Supreme Judicial Court of Massachusetts today held that the Housing Court and other courts which hear eviction matters may consider homeowner defenses and counterclaims against the mortgage companies engaged in evicting them post foreclosure.  See BANK OF AMERICA, N.A. vs.  ROSA (SJC-11330). This is another victory for homeowners in the foreclosure process given recent history of extensive bank misconduct.