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Court allows chapter 93A claim in foreclosure case under the HAMP Program

Nutter McClennen & Fish LLP
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USA
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May 31 2013

A recent decision by a federal court of appeals has allowed a consumer to sue her bank under the Massachusetts consumer protection statute, Chapter

Federal Court rules that bank is not liable in wire transfer fraud case

Nutter McClennen & Fish LLP
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USA
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April 30 2013

In a case decided last month, a federal district court ruled that the Uniform Commercial Code ("UCC") allows a bank to shift the risk of loss arising

Massachusetts High Court clarifies rights of secured creditors

Nutter McClennen & Fish LLP
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USA
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March 29 2013

The Massachusetts Supreme Judicial Court has held that Article 9 of the Uniform Commercial Code ("UCC"), and not common law, determines the measure

Federal court limits liability of a bank to a third party for negligence

Nutter McClennen & Fish LLP
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USA
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March 29 2013

The U.S. District Court for the District of Massachusetts in a recent ruling dismissed a lawsuit brought against two banks by a third party that was

Maine court allows foreclosure by servicer in possession of mortgage note

Nutter McClennen & Fish LLP
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USA
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February 28 2013

Maine's highest court has ruled that a mortgage loan servicer may initiate foreclosure proceedings on behalf of the owner of the mortgage note. The

Federal Court decides HOLA preempts a Massachusetts mortgage law

Nutter McClennen & Fish LLP
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USA
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October 31 2012

A federal trial court in Massachusetts recently ruled that the Home Owners’ Loan Act, the federal law that provides for the chartering, regulation and supervision of federal savings banks and other savings associations, preempts a Massachusetts law that limits the amount of insurance a borrower may be required to purchase to insure a home in connection with a home mortgage loan

Court rules that consumers may sue to recover costs of payment card data breach

Nutter McClennen & Fish LLP
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USA
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November 30 2011

A federal appeals court has held in a recent case that consumers whose credit and debit card data was allegedly stolen when a national grocery store chain’s electronic payment processing system was breached may move forward with a lawsuit against the grocery store chain

Foreclosure-related eviction blocked by Supreme Judicial Court

Nutter McClennen & Fish LLP
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USA
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September 30 2011

The Massachusetts Supreme Judicial Court has ruled that a 2010 Massachusetts law that prevents eviction without just cause is applicable to no-cause summary process cases that were already pending when the law went into effect

Massachusetts high cost home loan law is preempted by TILA, court rules

Nutter McClennen & Fish LLP
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USA
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September 30 2011

The U.S. Bankruptcy Court for the District of Massachusetts ruled that the Massachusetts Predatory Home Loan Practices Act, Chapter 183C of the General Laws of Massachusetts, is preempted by the high cost home loan provisions of the federal Truth in Lending Act (“TILA”) for federally chartered depository institutions

Court says bank must halt foreclosure, consider loan modification

Nutter McClennen & Fish LLP
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USA
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August 31 2011

The U.S. District Court for the District of Massachusetts recently ruled that borrowers may proceed with a lawsuit to prevent foreclosure of a residential mortgage loan where the borrowers claimed they were induced by the bank to default on the loan as a first step in negotiating a modification of the loan