FEDERAL NATIONAL MORTGAGE ASSOCIATION v. NUNEZ

SJC-10881.

460 Mass. 511 (2011)

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. JOSE NUNEZ.

Supreme Judicial Court of Massachusetts, Hampden.

September 6, 2011.


Attorney(s) appearing for the Case

Thomas I. Elkind ( Michael Thompson with him) for the plaintiff.

Suzanne Garrow ( Thomas P. Zito with her) for the defendant.

David Grossman , Charlotte Alvarez , Elizabeth Benton , Ayalon Eliach , Caitlin Kekacs , Samuel Levine , Marielle Macher , Adrianna Rodriguez , Samuel Simon , & David Williams , for City Life/Vida Urbana, amicus curiae, submitted a brief.

Judith Liben , for Massachusetts Law Reform Institute, amicus curiae, submitted a brief.

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


GANTS, J.

On August 7, 2010, the Legislature enacted and made immediately effective St. 2010, c. 258 (act), which prohibits institutional lenders and certain financial institutions who own foreclosed properties from evicting residential tenants without just cause. The issue raised in this case is whether the act requires dismissal of a no-cause summary process case that was already pending when the act went into effect, or whether the application of the act to such...

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