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Bevilacqua decision discouraging; industry looks to Eaton for answers
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Court Report
Monday, November 7, 2011
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In a much anticipated decision by the Massachusetts Supreme Judicial Court (SJC), the court held that a third party purchaser at a foreclosure sale did not hold title to a property that had improperly been foreclosed upon by the foreclosing lender. While perhaps not unexpected, the decision in Francis Bevilacqua v. Pablo Rodriguez (Mass. Supreme Judicial Court, No. SJC-10880) has captured the attention of industry members in Massachusetts and around the country. While the decision provided mostly bad news for owners of previously foreclosed upon properties, the court did give these homeowners a ray of hope. The Legal Description spoke with industry experts to explore the full impact of the case.
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