New Foreclosure Decision by Appeals Court

The Massachusetts Appeals Court held today that a homeowner was precluded from litigating in a Superior Court action issues related to the legality of the foreclosure process and to the alleged negligence of his lender in processing the homeowner’s mortgage modification application where the homeowner failed to raise those same issues in an earlier eviction proceeding between the same parties in the District Court.

 
The case is Santos v US Bank, Massachusetts Appeals Court case 15-P-334. The full decision is available here.