https://amburlaw.com/avoiding-a-foreclosure-sale-in-chapter-13/ Wed, 17 Jul 2024 21:17:43 +0000 hourly 1 https://wordpress.org/?v=6.8.2 https://amburlaw.com/avoiding-a-foreclosure-sale-in-chapter-13/#comment-557 Wed, 17 Jul 2024 21:17:43 +0000 http://amburlaw.com/?p=912#comment-557 Indeed! This is an area to watch as it develops as it represents some very powerful relief for debtors.

]]> https://amburlaw.com/avoiding-a-foreclosure-sale-in-chapter-13/#comment-87 Sat, 10 Feb 2024 21:24:38 +0000 http://amburlaw.com/?p=912#comment-87 As Tran’s attorney, I would like to add a couple of comments. It is indisputable that the recorded foreclosure deed is void since it was not notarized. Massachusetts case law is abundantly clear on that point. That leaves the question of “so what” if the Affidavit of Sale was valid? The deed isn’t, and the transfer of the property by way of the void deed should be avoidable. The district judge noted that we were focused on the deed, and he’s right because as I said, the deed is void. It will be interesting to see what the First Circuit says.

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