Foreclosure Defense
Post Shumacher negative BHC case: “The notice required by paragraph 22 of the mortgage is not part of the statutory power of sale and issues relative to the sufficiency of the notice, just as with challenges to the sufficiency of the 35A notice, are the subject of a separate action and, if raised as a counterclaim in a summary process action must show that the defendant is entitled to affirmative equitable relief, specifically the setting aside of the foreclosure sale "for reasons other than failure to comply strictly with the power of sale provided in the mortgage" and the defendant in counterclaim is the entity that sent the notice. The Defendants have failed to do so.” FEDERAL NATIONAL MORTGAGE ASSOCIATION v. MARIE BAIN et. al. Pages 6-7, 12H84SP004224 (J. Muirhead 3/31/2014)