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Eaton v. Federal National Mortgage Ass'n : ウィキペディア英語版 | Eaton v. Federal National Mortgage Ass'n
Eaton v. Federal National Mortgage Association is a 2012 opinion by the Massachusetts Supreme Judicial Court (SJC), which set a precedent about foreclosure defenses and attracted national attention. ==Case== The case involved a homeowner (Henrietta Eaton) who lost her house in Massachusetts via a foreclosure sale after defaulting on her mortgage. Eaton then filed a suit against Fannie Mae in Massachusetts Superior Court alleging that the record holder of the mortgage did not also hold the promissory note at the time of foreclosure. Due to this alleged lack of unity at the time of sale, Eaton was alleging that property title was invalid. In its opinion, the S.J.C. asserted that although the statutes and case law from the nineteenth century implied that the mortgagee should also hold the note at time of sale, the court would not apply the requirement of unity retroactively to June 22, 2012, but only prospectively from that date because the law was "ambiguous" and a retroactive application would have voided thousands of titles. Therefore, foreclosure notices after this date may only properly precede a sale if the mortgagee holds the promissory note or has an agent that holds the note on the mortgagee's behalf at the time of the notices of sale. This requirement may be proven through an affidavit
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Eaton v. Federal National Mortgage Ass'n」の詳細全文を読む
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