Andy Luu Tran v. Citizens Bank, N.A., f/k/a RBS Citizens

Boston, Massachusetts bankruptcy lawyer represented the Plaintiff seeking to avoid the transfer of his interest in his home.



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 auction. Subsequently, the Bank recorded an affidavit of sale stating the purchase price and

Jacobs's identity and confirming that the sale complied with notice requirements under Massachusetts law. See Mass. Gen. Laws ch. 244, § 15(b) (2024) (requiring an affidavit of sale "fully and particularly stating the person's acts" to be recorded in the registry of deeds); id. § 14 (2024) (stating the notice requirements for a foreclosure sale). A foreclosure deed was recorded along with the affidavit of sale; however, the deed did not include the signature page required under Massachusetts law. See Mass. Gen. Laws ch. 183, § 29 (2024) ("No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution . . . is endorsed upon or annexed to it . . . .").

Affirmed