Massachusetts Mortgage Law
<center><h1><center> United States of America v. Bill Dessaps </h1></center></h1>
Boston, Massachusetts criminal defense lawyer represented the Defendant charged with two counts of wire fraud conspiracy, two counts of wire fraud conspiracy, one count of money laundering, and one count of bank fraud<br> <br> An Easton man was convicted today, following an eight-day trial of using Paycheck Protection Program (PPP) funds to secretly purchase a home in the name of a close relative.... More...
$0 (09-19-2025 - MA)<h2> <center> Andy Luu Tran v. Citizens Bank, N.A., f/k/a RBS Citizens </h2> </center>
Boston, Massachusetts bankruptcy lawyer represented the Plaintiff seeking to avoid the transfer of his interest in his home.<br> <br> In 2008, Tran granted Citizens Bank, N.A. (the "Bank") a mortgage on the Property. In 2022, the Bank foreclosed on the Property at an auction sale in which Herbert Jacobs was the high bidder. Jacobs and the Bank executed a memorandum of sale at the close of the auct... More...
$0 (07-01-2025 - MA)<center><h1><center> United States of America v. Christopher Flanagan </h1></center></h1>
<font color="red"><b><h2><center> Boston, Massachusetts criminal defense lawyer represented the Defendant charged with five counts of wire fraud and one count of falsification of records </font/color="red"></b></center></i></i><b><center></i><br> <b> </b> Massachusetts State Representative Arrested and Charged in Alleged Fraud and Cover-Up Scheme</h2></center></b></b> </h2></center></b... More...
$0 (04-11-2025 - MA)<h2> <center> Mark A. Hooper v. Kristine M. Fernandes </h2> </center>
Barnstable, Massachusetts real property lawyers represented the Plaintiff and the Defendant in a partition action.<br> <br> <br> On January 18, 2018, the parties, who never married, purchased property in Sagamore as tenants in common for $489,000. They shared equally in the down payment, mortgaged the property as co-borrowers, and initially shared all expenses related to the home. Months later, in... More...
$0 (11-21-2024 - MA)<h1><center> United States of America v. Sheldon Haag </h1></center>
<font color="red"><b><h2><center> Boston, Massachusetts criminal defense lawyer represented the Defendant charged with Long Running Short Sale Fraud Scheme </font </color="red"></b></center></i></i><b><center></i><br> <b> </b> Connecticut Real Estate Agent Sentenced to Prison for Defrauding Clients in Long Running Short Sale Fraud Scheme</h2></center></b></b> </h2></center></b><br> <br>... More...
$0 (10-07-2024 - MA)<h1><center> United States of America v. Sathtra Em </h1></center>
<font color="red"><b><h2><center> Boston, Massachusetts criminal defense lawyer represented the Defendant charged with Conspiring to Smuggle Drugs into Virginia Prison and Laundering Drug Money through Mortgage Payments </font </color="red"></b></center></i></i><b><center></i><br> <b> </b> Woman Sentenced for Conspiring to Smuggle Drugs into Virginia Prison and Laundering Drug Money throu... More...
$0 (08-14-2024 - MA)<h2><center> Lincoln J. Garudet, et aux. v. Rushmore Loan Management Services, LLC, et al. </h2></center>
Boston, Massachusetts consumer credit real property lawyer represented the Plaintiffs who sued the Defendants on a wrongful back foreclosure theory.<br> <br> Preventing Unlawful and Unnecessary Foreclosures (Chapter 194 of the Acts of 2012):<br> <br> Requires lenders to follow strict procedures before foreclosing, including providing detailed notices and opportunities to cure delinquencies.<br... More...
$1 (12-13-2023 - MA)<h2> <center> United States of America v. George Kritopoulos </h2> </center>
Boston, Massachusetts criminal law lawyer represented Defendant charged for engaging in a decade-long mortgage fraud scheme involving at least two dozen loan transactions, totaling $6.5 million, that resulted in more than $3.8 million in losses to lenders.<br> <br> George Kritopoulos, 50, was sentenced by U.S. District Court Judge Patti B. Saris to four years in prison to be followed by two years ... More...
$0 (10-21-2022 - MA)<h2><center> Anthony S. Giannasca v. PHH Mortgage Corp., et al. </h2></center>
Boston, Massachusetts consumer law lawyer represented Plaintiff, who sued Defendant on a wrongful foreclosure theory.<br> <br> <br> This putative class action arises from purportedly defective pre-foreclosure notices sent by defendants PHH Mortgage Corporation (“PHHâ€) and Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2005-AR33, Mortgage Pass-T... More...
$0 (07-20-2022 - MA)<h2><center> United States of America v. Jasiel F. Correia, II </h2></center>
Boston, MA: Criminal defense lawyer represented defendant charged with conspiracy to defraud and to extort money from marijuana vendors.<br> <br> Jasiel F. Correia II, the former Mayor of Fall River, Mass., was charged for his involvement in a scheme to defraud investors and extorting and conspiring to extort marijuana vendors for hundreds of thousands of dollars.<br> <br> In October 2018, Correia... More...
$0 (09-22-2021 - MA)<center> <h2> United States of America v. Gabriel T. Tavarez </h2> </center>
Boston, MA - Criminal defense lawyer represented Defendant, Gabriel T. Tavarez, charged with fraud.<br> <br> The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.<br> <br> <center><h1><p style="border:3px; border-styl... More...
$0 (06-05-2020 - MA)<center> <h2> United States of America v. Jaime L. Mulvihill </h2> </center>
Boston, MA - Boston, Massachusetts criminal defense lawyer represented Defendant, Jaime L. Mulvihill, charged with fraud.<br> <br> The principal and co-founder of a North Andover mortgage short sale assistance company was sentenced connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.<br> <br> Jaime L. Mulvihill, 40, was... More...
$0 (02-28-2020 - MA)<center> <h2> Dorita Aja v. Ocwen Loan Servicing, LLC </h2> </center>
<center><br> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> <br> After carefully considering the parties'<br> briefs and the record on appeal, we conclude that the district<br> court's grant of summary judgment for Ocwen should be affirmed.<br> We briefly explain our decision because our reason... More...
$0 (02-26-2019 - MA)<center> <h2> MARK R. THOMPSON; BETH A. THOMPSON v. JPMORGAN CHASE BANK, N.A., </h2> </center>
<center><br> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> Mark and Beth Thompson sued <br> JPMorgan Chase Bank ("Chase") for breach of contract and violating <br> the statutory power of sale Massachusetts affords mortgagees. <br> Mass. Gen. Laws ch. 183, § 21. The Thompsons alleged Chase f... More...
$0 (02-10-2019 - MA)<center> <h2> Jeanne M. Klimowiczv. Deutsche Bank National Trust Company </h2> </center>
In this appeal, we are asked to<br> revisit a case in which the plaintiff fought tooth and nail in the<br> Massachusetts state courts and lost. Displeased by the result of<br> the state-court proceedings, she repaired to the federal district<br> court and sought to have that court address essentially the same<br> grievances. The district court rejected her importunings, and the<br> plaintiff now a... More...
$0 (10-19-2018 - MA)<center> <h2> Thomas Harry, Jr. v. Countrywide Home Loans, Inc., et al. <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
In November 2005, Thomas and Gretchen Harry borrowed $245,350 from <br> Countrywide Home Loans, Inc.,1 to refinance their property in Mashpee, <br> Massachusetts. The Harrys defaulted on their loan in 2009, and in 2016 <br> they initiated this action to void their transaction and enjoin their <br> property's foreclosure sale. The district court granted the defendants'<br> motion to dismiss the Har... More...
$0 (08-23-2018 - MA)<center> <h2> United States of America v. The Royal Bank of Scotland Group plc (RBS) <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
Boston, MA - Royal Bank of Scotland Agrees to Pay $4.9 Billion for Financial Crisis-Era Misconduct<br> Settlement Is Largest Penalty Imposed On A Single Entity By The Justice Department For Financial Crisis-Era Misconduct<br> <br> The Justice Department announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in th... More...
$0 (08-14-2018 - MA)<center> <h2> Jonathan Foley v. Wells Fargo Bank, N.A. <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
The plaintiff, Jonathan<br> Foley, appeals from summary judgment entered for Wells Fargo<br> Bank, N.A., in an action seeking to enjoin the bank's threatened<br> foreclosure under Foley's existing mortgage, and alleging that<br> the bank was in breach of contract in denying his application to<br> rewrite the mortgage contract. We affirm.<br> This is the second plaintiff's appeal in this action,<br... More...
$0 (07-31-2018 - MA)<center> <h2> United States of America v. Jasmin Polanco <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
Boston, MA - Real Estate Attorney Sentenced for Role in Sweeping Mortgage Fraud Conspiracy<br> <br> A real estate attorney was sentenced today in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack Valley.<br> <br> Jasmin Polanco, 37, of Methuen, was sentenced by U.S. Senior District Court Judge ... More...
$0 (06-21-2018 - MA)<center> <h2> Mats A. Samuelsson and Maria A. Samuelsson v. HSBC Bank USA, N.A. <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
Mats and Maria Samuelsson<br> appeal from the dismissal of their action in the nature of a<br> petition for declaratory judgment, by which they sought, among<br> other things, an injunction against a foreclosure sale of their<br> house. We affirm.<br> According to their allegations, appellants entered into<br> a loan refinancing arrangement in May 2006. They signed a $560,000<br> promissory note p... More...
$0 (04-01-2018 - MA)<center> <h2> James Ellis; William Perry v. Fidelity Management Trust Company </b> </center>
Plaintiffs James Ellis and<br> William Perry brought this certified class action under the<br> Employee Retirement Income Security Act of 1974 ("ERISA"),<br> alleging that Fidelity Management Trust Company, the fiduciary for<br> a fund in which plaintiffs had invested, breached its duties of<br> loyalty and prudence in managing the fund. Fidelity won summary<br> judgment and plaintiffs appealed. B... More...
$0 (02-22-2018 - MA)<center><h2>UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT</h2> <table> <td> <img width="300" src="https://c.o0bg.com/rf/image_371w/Boston/2011-2020/2015/11/13/BostonGlobe.com/Business/Images/12132009_13scott-7450107-5294.jpg"> </td> </table></center><center><h2><FONT COLOR="black">Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud </FONT> </h2>
In February 2008, the government began investigating <br> Scott as a result of a civil case case against him in Massachusetts <br> state court involving a mortgage fraud scheme Scott operated in <br> and around Boston. Scott purchased multi-family homes, divided <br> them into condominium units, and then recruited straw buyers to <br> purchase the units at prices favorable to Scott. He attracte... More...
$0 (12-30-2017 - MA)<center> <h2> United States of America v. Michael David Scott <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
Michael David Scott appeals<br> from his conviction and sentence for wire fraud, bank fraud, and<br> money laundering, associated with a mortgage fraud scheme<br> perpetrated in the Boston area. His principal argument is that<br> the government unfairly procured his guilty plea by misusing<br> information he provided during proffer sessions. He also<br> challenges his sentence. For the following r... More...
$0 (12-08-2017 - MA)<center> <h2> John A. Keane v. HSBC Bank USA <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> District of Massachusetts Federal Courthouse - Boston, Massachusetts </h2> </center>
John Keane appeals from the<br> denial of his motion to vacate an order dismissing his lawsuit<br> against HSBC, Nationstar Mortgage, and Mortgage Electronic<br> Registration Systems. We reverse.<br> I.<br> In December 2014, Keane sued defendants in state court<br> in Massachusetts, alleging a variety of state law violations in<br> connection with a foreclosure action against a property he owned<b... More...
$0 (10-31-2017 - MA)<center> <h2> John Rife v. One West Bank <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> Federal Courthouse - Boston, Massachusetts </h2> </center>
In 2015, John Rife filed an 8-count<br> complaint in state court against the servicers, holders, and<br> assignees of his mortgage loan which had been executed in 2006.<br> The pertinent defendants include: One West Bank, F.S.B.; Mortgage<br> Electronic Registration Systems, Inc. (MERS); Indy Mac Mortgage<br> Services; and Deutsche Bank National Trust Company, as<br> trustee/master servicer. The m... More...
$0 (09-29-2017 - MA)<center> <h2> Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A. <p> <img width="300" src="http://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> <P> Federal Courthouse - Boston, Massachusetts </h2> </center>
In August 2005, Paulo Rezende<br> took out two loans from Aegis Funding Corporation ("Aegis") to<br> refinance his mortgage on property in Everett, Massachusetts.<br> Rezende executed mortgages identifying Mortgage Electronic<br> Registration Systems, Inc. ("MERS") as the mortgagee, "solely as<br> nominee" for Aegis and its successors and assigns. In June 2010,<br> MERS assigned one of the mortgag... More...
$0 (08-31-2017 - MA)<center> <h2> UNITED STATES OF AMERICA v. SIREWL COX </h2> <P> <img width="200" src= "https://cdn.patchcdn.com/users/37233/2013/01/T600x450/80e453fe7b4bbf41b8538f4017f41648.jpg"> </center>
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$0 (03-21-2017 - MA)Brissette v. Ryan
After a Superior Court trial in this legal <br> malpractice case, a jury found that the primary defendant, <br> Edward J. Ryan, Jr., was negligent in his representation of the <br> plaintiff, Marie D. Brissette, and awarded damages to her in the<br> amount of $100,000 against Ryan and his law firm, Ryan, <br> Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm) <br> (collectively, defendants).2 ... More...
$0 (10-31-2015 - MA)Bank of America, N.A. v. Diamond Financial, LLC
We review the relevant undisputed facts. <br> Milton J. Miranda and Solange D. Miranda purchased a property in <br> Shrewsbury on July 31, 2002. The purchase was financed for the <br> most part with a mortgage loan from Moneyone Corporation. On <br> August 24, 2004, the Mirandas refinanced with a $336,150 <br> mortgage loan from Argent Mortgage Company, LLC (Argent).3 This <br> mortgage was r... More...
$0 (10-20-2015 - MA)Coghlin Electrical Contractors, Inc. v. Gilbane Building Co
This case requires us to resolve three issues <br> regarding a public construction contract that implements the <br> construction management at risk delivery method, pursuant to <br> G. L. c. 149A: (1) Does the owner who furnishes the plans and <br> specifications in a public construction management at risk <br> project give an implied warranty of their sufficiency for the <br> purpose intended,... More...
$0 (09-02-2015 - MA)Laura Sheedy v. Deutsche Bank National Trust Company
This case involves an attempt<br> by a Chapter 13 debtor to avoid foreclosure on her residential<br> mortgage through a lender liability suit in an adversary proceeding<br> within her bankruptcy case. Agreeing with the bankruptcy court, we<br> find all claims to be either time-barred or without merit, and<br> therefore affirm its grant of summary judgment in favor of the<br> creditors.<br> I. Back... More...
$0 (09-01-2015 - MA)First Bostonview Management, LLC v. Bostonview Corporation
The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope... More...
$0 (08-24-2015 - MA)Murphy v. Wachovia Bank of Delaware, N.A.
This case concerns the proper distribution of <br> surplus funds after a foreclosure sale initiated and conducted <br> by the holder of a second mortgage. After a jury-waived trial, <br> 1 Of the bankruptcy estate of Nigel Thorpe. <br> 2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank. <br> 2 <br> a judge of the Superior Court ruled that defendant Wa... More...
$0 (08-13-2015 - MA)Wessell v. Mink Brook Associates, Inc
This case involves a dispute between an <br> employee and her former employer regarding unpaid wages. The <br> plaintiff, Mary Ellen Wessell, successfully sued Mink Brook <br> 1 Robert C. Stone. <br> 2 <br> Associates, Inc. (Mink Brook), and owner Robert C. Stone under <br> the Wage Act for lost wages and retaliatory discharge after <br> Stone refused to issue her a paychec... More...
$0 (08-05-2015 - MA)In Re: Alvaro M. Pereira
The outcome of this federal<br> bankruptcy case turns on interpretations of two different state<br> statutes, each of which concerns defects in real estate titles.<br> In time, those interpretations may affect considerable numbers of<br> Massachusetts foreclosure proceedings. In this case, those<br> interpretations affect who will benefit from the estate's real<br> property assets: a bank, or the ... More...
$0 (06-26-2015 - MA)United States of America v. Michael Levitis
New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MICHAEL LEVITIS, the owner of MISSION SETTLEMENT AGENCY (“MISSIONâ€), was sentenced in Manhattan federal court to 108 months in prison in connection with a multimillion-dollar scheme that victimized more than 1,200 financially struggling people across the country. MISSION was a... More...
$0 (11-19-2014 - MA)United States of America v. Robert A. George
We write today about the curious case of Robert George,<br> a criminal-lawyer-turned-convict. Our story — which we narrate in<br> the light most favorable to the government, see United States v.<br> Acosta-Colón, 741 F.3d 179, 191 (1st Cir. 2013) — starts in a<br> Massachusetts town, sometime in early 2009. Standing in line to<br> buy coffee at a Dunkin' Donuts, George bumped into... More...
$0 (07-30-2014 - MA)Rhonda G. Miller v. U.S. Bank, N.A.
Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...
$0 (05-27-2014 - MA)Frank P. Butler v. Deutsche Bank Trust Company Americas
In the wake of the foreclosure crisis, litigants have increasingly sought out clarification regarding the validity of mortgage transfers precipitated by Mortgage Electronic Registration Systems, Inc. ("MERS"). The general contours of these claims are well known, and many of the facts underlying this case parallel past foreclosure litigation. A homeowner, Frank P. Butler ("Butler"), upon falling b... More...
$0 (04-06-2014 - MA)HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill
Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadin... More...
$0 (02-07-2014 - MA)