Watertown, MA asked in Foreclosure and Probate for Massachusetts

Q: Looking for any & all legal arguments that the executor of an estate has standing to contest legality of a foreclosure

Named executor thru probate court. Sole heir to the estate. Bank itself has never challenged standing in multiple complaints filed against them (a 3rd party is trying to). Bank seems to have listed me on all correspondence and foreclosure related court filings. Successor in interest form was also completed with the bank over a dozen years before the f/c. Any arguments, theories, precedent welcome.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Consumer Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: I would think an executor does have standing to contest a foreclosure but what is the basis of the objection? Did the bank fail to advertise, fail to advertise adequately, fail to hold a public auction, fail to comply with statutes relating to foreclosure, fail to conduct the foreclosure sale properly, fail to obtain the highest price, etc., and how was the executor harmed by the bank's acts or omissions? I suggest you take all your paperwork on the foreclosure and your course of dealing with the bank to an attorney and review the entire transaction.

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