Cases
Cases of Note: Represented individual
corporate clients in connection with a business dispute
successfully obtained the return of a large inventory wrongfully withheld.
Represented individual client in connection with a real estate dispute (petition to partition). Resolved dispute in terms favorable to client shortly after bringing suit.
Represented individual clients in fiduciary dispute. Resolved dispute in terms favorable to client shortly after bringing suit.
Represented individual client in real estate dispute (easement). Resolved dispute in terms favorable to client without the need to bring suit.
Obtained judgment of dismissal in favor of a financial institution against claims that a new notice to cure default must be sent if the foreclosure is not completed within a certain period of time. The Massachusetts Appeals Court affirmed the decision in Cruz v. Bank of New York Mellon Trust Co., Nat. Ass'n, 32 N.E. 3d 370 (2015) (Rules 1: 28 decision).
In May v. SunTrust Mortg., Inc. , 467 Mass. 756 (2014), obtained favorable answer to questions of law certified to the Supreme Judicial Court by the Bankruptcy Court, leading to the successful defense of a financial institution in the Bankruptcy Court against claim of violation of the Massachusetts Credit Cost Disclosure Act.
Obtained judgment of dismissal in favor of lender against claim of lack of st
ing to foreclose that the Massachusetts Appeals Court subsequently upheld. Jordan v. Aurora Loan Services , LLC, 46 N.E. 3d 115 (2016) (Rule 1: 28 decision).
Obtained judgment of dismissal in favor of lender finding that a borrower who is not in the military cannot appear in Service Members Civil Relief Act proceedings to challenge lender's st
ing to foreclose, which dismissal the Supreme Judicial Court affirmed. HSBC Bank USA, N.A. Trustee v. Matt , 464 Mass. 193 (2013).
Obtained judgment of dismissal in favor of lender in Bankruptcy Court claiming violations of Federal Debt Collection Practices Act
Fair Credit Reporting Act.
Prevailed in a trial in Bankruptcy Court against national bank that resulted in judgment in favor of client.
Successfully defeated preliminary injunctions seeking to prevent foreclosure
defended lenders in a wide variety of lender liability claims.
Successfully defended a national bank against claims that the assignment of mortgage was invalid. The Massachusetts Appeals Court affirmed the dismissal. Boulanger v. Wells Fargo, N.A. , 88 Mass. App. Ct. 1108 (2015) (Rule 1: 28 decision).