Mass. Real Estate Bar Association Files Law Suit for Unauthorized Practice of Law

May 2, 2012 | Consumer Tips

Last Friday, the Real Estate Bar Association of Massachusetts (REBA) filed an action in Suffolk Superior Court against a non-lawyer settlement service provider, National Loan Closers, Inc., and a number of Massachusetts lawyers who continue to perform “witness only” closings in violation of Real Estate Bar Ass’n for Massachusetts, Inc. v. National Real Estate Information Services, 459 Mass. 512, 946 N.E.2d 665 (2011). The filing followed a unanimous vote of the REBA’s Board of Directors.

“ ‘Witness only’ closings violate Massachusetts law prohibiting the unauthorized practice of law, place homebuyers and mortgage lenders at risk, erode the public’s confidence in the Commonwealth’s recording and registration system, and deprive the Massachusetts IOLTA Program of thousands of dollars of revenue,” said Chris Pitt, REBA’s President.

“Although most lenders, title companies, and title insurers now recognize that ‘witness only’ closings are not permitted in the Commonwealth, there are still some who persist,” said Tom Moriarty, Co-chair of the Committee on the Practice of Law by Non-Lawyers. “There is no justification for these unlawful practices to continue and title insurers, title companies and the attorneys who participate in ‘witness only’ closings should stop.”

Mass. State Court Voids Home Sale Due to Improper Foreclosure

Oct 20, 2011 | Consumer Tips

A Massachusetts man lost something he never had – his home. The Masachusetts Supreme Judicial Court ruled this week that when Francis Bevilacqua purchased the home from U.S. Bank in 2006, the bank did not actually hold the home’s title.

The court ruled that because U.S. bank did not hold the mortgage note when it foreclosed on the property, it did not obtain the title in the foreclosure. Therefore, Bevilacqua did not purchase a legal title when he made the purchase.

In its ruling in Bevilacqua v. Rodriguez, the court referenced a case tried in the same court last January, U.S. Bank, N.A. v. Ibanez, in which the court ruled that if a bank cannot provide proof it owns the mortgage note, any foreclosure filings it initiates are void.

The Ibanez case, however, simply involved a foreclosure action. Bevilacqua extends that ruling to instances when a new homeowner has already purchased the property. (more…)