Halting An Unlawful Eviction

Last week our office successfully defended an unlawful post-foreclosure eviction action brought by an aggressive mortgage servicer. In this case, the mortgage servicer (Wilmington Trust) served a "courtesy" 72-hour notice to quit on the occupants of a single family home in Winthrop, Massachusetts. We argued that the notice to quit was insufficient to terminate tenancy because the owner in foreclosure must serve on the occupants the notice to quit applicable to a tenant at will, which under G.L. c. 186, s. 12 is a three-month notice to quit. The Massachusetts Housing Court for the Eastern Division agreed. See Order Granting...

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