Taken from a recent Catic Bulletin:

On December 16, Mass Lawyers Weekly headlined a foreclosure case in which the commonly used Foreclosure Deed "244 Section 14" Affidavit was found to be inadmissible hearsay which does not comply with MGL c 244, Sec 15 (FNMA v Saric), District Court, Appellate Division, Southern District Comm Ma

Associate Justine Kathryn Hand held that the standard affidavit used in most Massachusetts foreclosures does not comply with the provisions of MGL 244 Section 15.  The Judge stated that while the affidavit "describes some of the history of the foreclosure and sale of the Unit, it does not show or even clearly state, that the requirements of the power of sale included in the mortgage at issue here had 'in all respects been compled with' during the course of the foreclosure."  Given this, the Court determined that the affidavit "did not present competent evidence" that the plaintiff had obtained good title to the condo unit according to the power of sale in the defendant's mortgage.

This ruling by the Southern District Appellate Court may call into question all of the foreclosures that have been done using a standard form commonly called the "244 Section 14 affidavit".  This affidavit states that the principal and interest of the mortgage were not paid & that the lender has caused a notice of the foreclosure sale to be published; recites the dates of the publication of the notice of the foreclosure sale; and states that the lender has complied with Chapter 244, Section 14 of the MGL.

The Massachusetts foreclosure market has been disrupted since the ruling in the Land Court's Ibanez case, now on appeal with the Supreme Judicial Court.  This latest holding by the Appellate Court will draw additional scrutiny of each foreclosure that has been done or is being done in the Commonwealth.

All I can say is argh...