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U.S. BANK NATIONAL ASSOCIATION v. SCHUMACHER

SJC-11490

467 Mass. 421 (2014)

U.S. BANK NATIONAL ASSOCIATION, trustee, v. JOHN SCHUMACHER & another.

Supreme Judicial Court of Massachusetts, Worcester.

March 12, 2014.

Attorney(s) appearing for the Case

Max Weinstein (Paul R. Collier, III, with him) for the defendants.

Jeffrey S. Patterson (Morgan T. Nickerson with him) for the plaintiff.

The following submitted briefs for amici curiae:

Allen Acosta, Sora J. Kim, & Uri Y. Strauss for Community Legal Aid, Inc.

Geoffry Walsh for National Consumer Law Center.

Benjamin O. Adeyinka for Real Estate Bar Association for Massachusetts, Inc., & another.

Martha Coakley, Attorney General, & M. Claire Masinton, Lisa R. Dyen, & Stephanie Kahn, Assistant Attorneys General, for the Commonwealth.

Grace C. Ross, pro se.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

General Laws c. 244, § 35A, inserted by St. 2007, c. 206, § 11, gives a mortgagor of residential real property in the Commonwealth a ninety-day right to cure a payment default before foreclosure proceedings may be commenced.3 In this summary process action, we consider whether § 35A is part of the foreclosure process itself and, if so, whether a mortgagee's failure to comply strictly with its provisions, particularly...

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