Foreclosure Redos Brought About by Legal Twist

Foreclosure Redos Brought About by Legal Twist

11/30/2010

Hundreds of Massachusetts homeowners are faced with back-to-back foreclosures as lenders begin to realize that there were problems with the property titles they had foreclosed. These lending companies, who are often unable to secure title insurance, are instead starting from scratch with what is now being termed as a “re-foreclosure.”

Although the thought of going through another foreclosure process may seem daunting or frightening for most homeowners, it may actually provide them a good avenue to re-possess their homes.

In the case of Zepheniah Taylor who lost his Dorchester 3-decker to foreclosure two times in the span of 17 months, he was able to return home to stay. The second time that his home was subjected to foreclosure, Taylor decided to fight back. His gamble paid off and he was able to repurchase his own home at the current market value.

With a smile lit on his face, Taylor said, “I’m starting over fresh.” He further said, “It feels good. It is a new chance.”

There are tenants, however, who gets confused upon receiving the notice of re-foreclosure. Others simply do not get the opportunity to enjoy an outcome like Taylor did.

According to a Greater Boston Legal Services staff, Zoe Cronin, “They are weirded out.” Cronin also said, “I’ve met former owners [who are] saying, ‘What is this? I got a letter saying I own my house again.”

These recent spates of re-foreclosures are due to a 2009 Massachusetts Land Court decision that questioned the validity of the ownership of a home in cases where the paperwork was inaccurate or incomplete.

WRITTEN BY:

blakeh@wellsdrew.com