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Massachusetts law to bring clarity to third-party purchaser rights
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Court Report, Legislative Developments
Monday, December 7, 2015
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For several years, Massachusetts has wrestled with balancing
the rights of persons wrongly foreclosed upon with those of third-party
purchasers who buy the property at a foreclosure sale. Cases such as Ibanez, Belelaqua, and Eaton have
become well known as lenders go through the foreclosure process, and when title
companies go to ensure the title to the property is free and clear of any liens
or encumbrances. In 2012, the Massachusetts legislature adopted a new law to
provide clarity to the real estate market and address the disquieting
foreclosure practices. However, there still was uncertainty for the real estate
industry. Now Gov. Charlie Baker has signed legislation to provide further
clarity to the industry and third-party purchasers they serve.
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