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Chase v Thompson Prior Holding Vacated by First Circuit Court of Appeals

Posted By Administration, Wednesday, July 31, 2019

by Robert Wichowski, Esq.
Bendett & McHugh, PC
USFN Member (CT, MA, ME, NH, RI, VT)


The First Circuit Court of Appeals has vacated their prior holding in the case of Thompson v JP Morgan Chase (915 F.3d 801.)  In vacating the prior order, the Court held that due to the precise language contained in the relevant state banking regulation (209 C.M.R. §56.04) which the notices were required to contain, together with the widespread industry support received by Chase in subsequent filings in support for Chase’s petition for rehearing, the matter should be directly certified to the Massachusetts Supreme Judicial Court and in fact certified this question to said court:


“Did the statement in the August 12, 2016, default and acceleration notice that ‘you can still avoid foreclosure by paying the total past-due amount before a foreclosure sale takes place’ render the notice inaccurate or deceptive in a manner that renders the subsequent foreclosure sale void under Massachusetts law?”


As a result, the court’s ruling as outlined here is no longer operative.  The matter will be taken up and decided by the Massachusetts Supreme Judicial Court.


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