FALL RIVER, Mass.--()--This morning, the Massachusetts Land Court agreed with Attorney Glenn Russell by ruling that mortgage lenders must prove that they are indeed the mortgage note holders of record in order to foreclose. The ruling was part of two court cases, U.S. Bank National Association v. Ibanez (08 MISC 384283 (KCL)) and Wells Fargo v. Larace (08 MISC 386755 (KCL)).
“This is a monumental decision in the history of Massachusetts law. This not only gives homeowners another defense during a foreclosure, but it could open the door for anyone to seek damages against their lender if they were illegally foreclosed upon in the past.”
“This is great news for Massachusetts homeowners,” says MFI-Boston President Steve Dibert. “The lender must now prove that he or she has a legitimate claim in order to foreclose. Forcing the lender to provide this proof has been the primary mission of both MFI-Boston and MFI-Miami since I started both companies nearly 18 months ago.”
As the attorney for the Laraces in Wells Fargo v. Larace, Massachusetts Attorney Glenn Russell, Jr. says: “This is a monumental decision in the history of Massachusetts law. This not only gives homeowners another defense during a foreclosure, but it could open the door for anyone to seek damages against their lender if they were illegally foreclosed upon in the past.”
About MFI-Miami and MFI-Boston
Headquartered in Boynton Beach, Florida, MFI-Miami, LLC and its sister company, MFI-Boston, LLC, conduct extensive compliance examinations and mortgage fraud investigations. These two companies are also the only firms that investigate the securitization instruments of homeowners’ mortgages. For more information, visit www.mfi-boston.com or www.mfi-miami.com, contact 561-317-9978, or email steve@mfi-miami.com.
About Glenn F. Russell, Jr.
Glenn F. Russell, Jr. is located in Fall River, Massachusetts. He’s a member of the Massachusetts and Connecticut Bars, where he specializes in foreclosure defense, bankruptcy, personal injury and divorce law. For more information, visit www.foreclosuresinmass.com, call 508-324-4545, or email russ45esq@gmail.com.

