In the matter of U.S. Bank National Association vs. Antonio Ibanez and a consolidated case styled Wells Fargo Bank, N.A. vs. LaRace (SJC-10694), attorneys for the Wall Street Banks are attempting to overturn two precedent setting decisions issued by the Massachusetts Land Court last year in which the Honorable Keith C. Long voided two out of three foreclosures that were brought before him on Motions to Remove Cloud on Title.
Oral arguments will be held at the Massachusetts Supreme Judicial Court on Thursday, October 7, 2010 at 9:00 AM in Boston.
In his first Memorandum Decision issued on March 26, 2009, Judge Long opined:
… Finally, I find and rule, however, that the other two foreclosures (U.S. Bank's in Ibanez and Wells Fargo Bank's in Larace) are invalid because the notices that named those entities failed to name the mortgage holder as of the date of the sale as required by G.L. c. 244, § 14. Neither U.S. Bank nor Wells Fargo Bank had been assigned the mortgages at the time notice was published and sale took place. Neither an intention to do so in the future nor the backdating of a future assignment meets the statute's strict requirement that the holder of the mortgage at the time notice is published and auction takes place be named in the notice. (Download here)
In his second Memorandum Decision of October 14, 2009 Judge Long reasoned:
The issues in this case are not merely problems with paperwork or a matter of dotting i’s and crossing t’s. Instead, they lie at the heart of the protections given to homeowners and borrowers by the Massachusetts legislature. To accept the plaintiffs’ arguments is to allow them to take someone’s home without any demonstrable right to do so... (Download here)