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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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