Massachusetts Resident Wins Case That Voids Foreclosure Sale

David Zak, Lawyer pic
David Zak, Lawyer

Lawyer David Zak represents clients through his private practice in Needham, Massachusetts. In his work as a lawyer, David Zak defends clients against large financial institutions seeking unlawful foreclosure on properties.

In a recent case filed by David Paiva against the Bank of New York Mellon (BONYM), the plaintiff disputed the bank’s right to conduct a foreclosure sale on his Massachusetts home in a two-count complaint. The first count alleged that the bank did not strictly comply with paragraph 22 in the mortgage agreement, regarding proper procedure for executing a notice of default. The paragraph explicitly states a lender must send a notice of default to a mortgagor. Mr. Paiva received a notice of default from the servicer of the loan, Countrywide Home Loans, Inc.

The second count focused on timely filing with the office of the assessor or collector of taxes of the municipality in which a property is located. General Law c. 244, section 15A, requires foreclosing banks to notify tax authorities within 30 days of conveying title. BONYM reported the change in title more than nine months following the sale.

The evidence supported Mr. Paiva’s claims and voided the foreclosure. However, the plaintiff’s failure to make payments since 2008 despite his continued residence at the property resulted in denial of his request for damages and expenses.