Mass. High Court OKs Foreclosures Without Mortgage Notes

Law360, New York (June 22, 2012, 6:03 PM EDT) -- The Massachusetts Supreme Court on Friday found that lenders can foreclose on homeowners in the state even without possession of a mortgage note, overturning a lower court decision and allowing banks and other mortgage holders to breath a collective sigh of relief.

The ruling allows Fannie Mae to continue its foreclosure process on the home of plaintiff Henrietta Eaton, who had successfully obtained an injunction from a state superior court judge barring Fannie Mae from evicting her because the mortgage holder at the time, Green Tree...
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