If there is a title defect on your home related to an improper foreclosure, you may be eligible for assistance. See below for more information.

Background

On January 16, 2015 the Suffolk Superior Court entered a consent judgment  file size 1MB against Bank of America, Chase, Citi, and Wells Fargo, wherein, among other relief, the banks agreed to review and assist downstream purchasers to clear title defects caused by void foreclosures which they conducted.

In 2011, the Massachusetts Office of the Attorney General brought suit against the banks for allegedly violating the Massachusetts Consumer Protection Act (G.L. c. 93A, §§ 2 and 4) by foreclosing on homes before receiving an assignment of the mortgage. See First Amended Complaint  file size 1MB.  Under Massachusetts law, a bank, or other foreclosing entity, must strictly comply with the state’s foreclosure laws in order to transfer the ownership of a property through foreclosure. When a party conducting a foreclosure does not strictly follow the foreclosure laws, the foreclosure is “void.”  People who purchase properties after a void foreclosure may have a title defect that could prevent them from refinancing their mortgage or selling the property.

Downstream purchasers of properties upon which one of the bank defendants conducted a void foreclosure any time after December 1, 2007 may be eligible for non-monetary assistance to clear title.

Relief for Purchasers: Submit a Complaint

If you suspect that you purchased a property that has a void foreclosure conducted by Bank of America, Chase, Citi or Wells Fargo after December 1, 2007, you may be eligible for non-monetary assistance to cure the title defect and should submit a consumer complaint by email or by mail to the addresses. Click the “Submit a Complaint” tab for the list of addresses to send your complaint. In your complaint, please include the following:

1. 1. 1. Your name and telephone number
      2. The address of the property with the title defect, and the following statement:
         “I believe this property was subject to a void foreclosure. “
      3. Your address, if different from the address of the property with the title defect
      4. Whether you are the current owner of the property or in what other capacity you have an interest in the property
         (i.e. an agent of the owner, a title insurer, etc.)

If you have questions relating to your consumer complaint, please contact the bank to whom you submitted your complaint or the Office of the Attorney General at 617-727-8400.

Bank Review of Consumer Complaints

When the bank receives your complaint it will review its records to determine whether it performed a void foreclosure on your property. The bank will communicate the results of this review to you and to the Attorney General’s Office.

If the bank performed a void foreclosure on your property, it will provide assistance to you to remedy the void foreclosure and clear the title to the property.

Note: Title insurers, while not parties to the settlement, may have an obligation for some or all of the expenses related to curing title.

Questions? Contact the Attorney General’s Office at 617-727-8400

source: http://www.mass.gov