On September 27, 2011, Judge William Hillman of the U.S. Bankruptcy Court, District of Massachusetts, issued a 57-page opinion in which he ruled that Douglas and Mary Cromwell were entitled to rescind the mortgage which they obtained from Countrywide Home Loans in 2005. Rescission was granted on the grounds that at the loan closing Countrywide gave the Cromwells an improperly worded right-to-cancel notice and failed to give the Cromwells the required number of copies of the notice. As a result of this ruling, the Court declared the mortgage to be void and that Countrywide’s claim was to be treated as unsecured in the Cromwells’ bankruptcy estate. Attorney Kenneth D. Quat represented the Cromwells in this proceeding.
By Ken Quat, Massachusetts Consumer Rights Attorney.
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