News Alert on Recent Legal Actions Pertaining to Foreclosure Properties

Two foreclosure-related rulings by Massachusetts' highest court, the Supreme Judicial Court, should serve to alert buyers of foreclosed properties that ownership of certain properties may be in question.

In January 2011, the Court affirmed a lower court’s ruling invalidating two mortgage foreclosure sales because the banks, in their capacity as trustees for mortgage securities, did not prove that they actually owned mortgages at the time of foreclosure. (see U.S. Bank v. Ibanez)

On October 18, 2011, the Massachusetts Supreme Judicial Court ruled that individuals who purchased foreclosed homes from lenders who seized the property without first obtaining a clear title many not be the legal owners. (see Bevilacqua v. Rodriguez)

Massachusetts Attorney General Martha Coakley filed a civil action suit in the Suffolk Superior Court on December 1, 2011, against Bank of America, BAC Home Loans Servicing, BAC GP, JPMorgan Chase Bank, Citibank, CitiMortgage, GMAC Mortgage, Wells Fargo Bank, Mortgage Electronic Registration System and MERSCORP. In this action, Attorney General Coakley identifies the following examples of misconduct that lead to this filing:

1. Engaging in unfair and deceptive foreclosure practices by conducting foreclosures when the defendants lacked the right to do so and misrepresenting to homeowners their roles as mortgagees or as the holders of the mortgages;

2. Engaging in false documentation practices to facilitate their foreclosure practices;

3.Deceiving homeowners in the course of servicing mortgage loans by misrepresenting to borrowers regarding its loan modification programs, acting deceptively in implementing loan modifications and deceiving borrowers regarding foreclosure proceedings; and

4. Failing to comply with Massachusetts’ registration statute.

For more information or questions relative to home ownership/foreclosures, contact the Attorney General’s office at (413) 784-1240 or visit her website at http://www.mass.gov/ago/

Assistant Registers Donna Brown and Mary Caron attend the Hampden Senior Center Health & Wellness Fair

On Saturday, October 22nd, Assistant Registers Donna Brown and Mary Caron were present at the Hampden Senior Center Health and Wellness Fair. The even drew a great crowd and Mary and Donna were able to assist many people with questions relative to their individual properties. Thank you Hampden for including us in this great event. We look forward to attending next year!

Assistant Register Donna Brown

Assistant Register Mary Caron

Register Ashe and Staff Visit Longmeadow and East Longmeadow Senior Centers

On Thursday, September 22, Register Ashe visited the Longmeadow Senior Center as part of his ongoing effort to reach out the citizens of Hampden County. The Register was on hand to address questions and concerns relative to their real estate. The visit was a huge success and Register Ashe and his staff were able to assist many residents of Longmeadow in filing homesteads and answering general questions about their property.

On Tuesday, September 27th, the Hampden County Registry of Deeds also made a trip out to the East Longmeadow Senior Center. Representing Register Ashe was Assistant Register Donna Brown who addressed a large group of the Town's residents and was able to clarify this year's changes in the homestead law. Those in attendance were very pleased with the convenience of having their important questions answered all while remaining so close to home.

Register Ashe and his staff would like to thank the towns of Longmeadow and East Longmeadow for their hospitality. We look forward to our next visit!

Questionable Documentation Has Property Owners Wondering Who Actually Holds Their Mortgage

Attorney General Martha Coakley is currently investigating fraudulent real estate banking practices taking place within the Commonwealth. Watch Channel 22's story on invalid mortgage assignments that have clouded property ownership in western Massachusetts. If you have purchased a home or refinanced your mortgage within the past six years, you might want to check with your mortgage lender relative to what entity holds your mortgage. If you have further questions, please feel free to contact our office.

The Polanie Club Celebrates its 80th Anniversary

(L-R) Club Members Joan Lupa and Mary Gurski, Register of Deeds Donald E. Ashe and Club President Loretta Goyette gather together at the Polish American Citizens Club in Ludlow.

The Polanie Club was organized on May 22, 1931 to promote religious, civic, patriotic, cultural and educational purposes. Through the years, the Club has supported a number of charitable, civic and cultural activities and organizations. The Club supports the Shriners Hospital, Baystate Breast Cancer Program, March of Dimes, the Polish National Alliance Youth Camp, the Ronald McDonald House and the Springfield Symphony Orchestra to name a few.

Club members have knitted sweaters and socks for the Red Cross and purchased surgical instruments for cornea transplants. The Club's largest fundraiser is the annual Fashion Show, whereby it is able to provide a minimum of three scholarships per year to college students.

Register of Deeds and guest speaker, Donald E. Ashe, commended Club President Loretta Goyette and its membership for its many contributions to the people in Hampden County and beyond for the past 80 years.

Register Ashe presented proclamations to three of the Polanie Club members who have or will become 100 years old this year. The three individuals are Mary Gurski, Jean Podosek and Margaret Popko, all of whom have been active members of the Club since its inception 80 years ago.

We would like to wish the Polanie Club many, many years of continued success and thank them for their tireless commitment to our community!

Register Ashe visits the Ludlow and Chicopee Senior Centers

This week, Register Ashe visited the Ludlow and Chicopee Senior Centers to speak with people about the recent legislative changes in the Homestead Act. Those in attendance were able to sit with Registry employees, Donna and Caitlin, to review basic information concerning their property. Register Ashe also warned of a re-emerging scam by the State Record Retrieval Board, in which they attempt to disguise themselves as a state agency in order to swindle homeowner's out of an exorbitant fee for a copy of their deed.


Register Ashe with Chicopee residents, Donald and Alice Gosselin.

Registry Employees visit the Westfield Senior Options 2011 event

On Thursday, April 21st, Registry employees, Donna and Caitlin, attended the Westfield Senior Options 2011. The event is designed to give seniors an opportunity to learn about business and services that could benefit their health, finances and lifestyle. Donna and Caitlin were on hand to answer questions regarding our day-to-day functions at the Registry of Deeds, how the new homestead law has changed, as well as look up one's property ownership information. At the Registry of Deeds, we realize that it is difficult to stay abreast of the varying informational changes relative to property ownership. As a result, we continually strive to reach out to the community by providing information that will benefit its property owners.



Here, Donna provides a gentleman with some informational resources that our office has composed.


Donna and Caitlin had a great day answering various questions and sharing a few laughs with some of Western Massachusetts seniors.

Electronic Recording Seminars Held by the Hampden County Registry of Deeds

In an effort to make more of our customers aware of the convenience that electronic recording offers, our office has held three different seminars to demonstrate how this process works. Here, Register Ashe welcomes attorneys, paralegals and legal assistants to our presentation.


Explaining the role of the e-Recording vendors was Assistant Register Kelly Cavanaugh-Kelly. Gregory Rogers, MIS Director, was on hand to explain the technical aspect of the electronic recording process, as well as to demonstrate just how easily it can be done from your office or even from your home.


Those in attendance were able to see exactly how they would record a document electronically from beginning to end. If you would like further information on how to sign up to electronically submit and record your documents, please feel free to contact us or visit the e-Recording tab to the left of this page.

Thank you to all of those who helped this year's Mitten Drive by donating hats, gloves and scarves to benefit students of Homer Street School!

Today, Register Ashe and Assistant Office Manager Jason Ferreira were graciously welcomed to the Homer Street School by Principal Kathleen Sullivan to present donated hats, gloves and scarves to the students. These items were donated by Registry staff and its customers. Approximately 200 articles were collected and we are looking forward to beating that number next year! Again, thank you to all those involved in this successful event. We couldn't have done it without you.

Register Ashe attends 'Citizen of the Year' banquet

On Saturday, January 29th, Register Donald E. Ashe presented a proclamation to the Polish American Citizens Club's 'Citizen of the Year', Ed Szela, at the Club's 44th annual Installation Banquet.

Click here to read the entire article published in The Ludlow Register...