Massachusetts Agencies

Notice: Identification of Holder


In Bottomly v. Kabachnick, 13 Mass.App.Ct. 480, 434 N.E.2d 667 (1982) the court held that the foreclosure of a mortgage was fatally flawed where the legal advertisement failed to state who the present holder of the mortgage was:

[W]e hold that the first notice of sale was defective because it failed to identify the holder of the mortgage, thereby rendering the first foreclosure sale void as a matter of law.