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13Foreclosure

Houston, weve got a problem Bevilacqua

By Gregory M. Lemelson Amvona

On Oct. 18th, 2011 the Massachusetts Supreme Judicial Court handed down their decision in the FRANCIS J. BEVILACQUA, THIRD vs.

PABLO RODRIGUEZ and in a moment, essentially made foreclosure sales in the commonwealth over the last five years wholly void.

However, some of the more polite headlines, undoubtedly in the in terest of not causing wide spread panic simply put it SJC puts

foreclosure sales in doubt or Buyer Cant Sue After Bad Foreclosure Sale

In essence, the ruling upheld that those who had purchased foreclosure properties that had been illegally foreclosed upon (which is

virtually all foreclosure sales in the last five years), did not in fact have title to those properties.

Given the fact that more than two-thirds of all r eal estate transactions in the last five years have also been foreclosed properties, this

creates a small problem.

The Massachusetts SJC is one of the most respected high courts in the country, other supreme courts look to these decisions for guidance ,

and would find it diffi cult to rule any other way in their own states. It i s a precedent. Its an important precedent.[read more]

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