U.S. Bank v. Ibanez: Supreme Judicial Court Oral Argument Oct. 7 Preview

by Rich Vetstein on October 4, 2010

in Foreclosure, Massachusetts Real Estate Law, Mortgage Crisis

Click for Ibanez Foreclosure Case Oral Argument Recap

The oral argument in the much anticipated U.S. Bank v. Ibanez companion cases is Thursday October 7, 2010 at 9:00AM at the Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA.

If you cannot make it into Boston, you can watch the live webcast here.

Here is a link to the Ibanez-borrower side brief.

Here is the lenders’ brief.

The friend of the court brief from the Real Estate Bar Association is here.

In addition to the merits of the Land Court’s ruling, watch for a discussion of whether the Land Court’s ruling will be applied retroactively, which will leave thousands of invalid foreclosure titles intact, or prospectively, which will minimize the damage of this decision. I’ve been predicting that the SJC will strike a balance by upholding the Land Court on the merits, but applying the ruling prospectively.

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