Massachusetts Homeowner Allowed to Rescind Countrywide Mortgage

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.

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By Ken Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.

Supreme Judicial Court Reinstates MedPay Case

On July 25, 2011, the Massachusetts Supreme Judicial Court ruled in favor of Diane Golchin in her case against Liberty Mutual Insurance Company. Ms. Golchin had sought to recover medical payments benefits (“MedPay”) from Liberty as a result of injuries suffered in an auto accident, but Liberty Mutual denied her claim on the basis that the medical expenses had already been paid by Ms. Golchin’s health insurer. The Court held that the Worcester Superior Court had erred in dismissing Ms. Golchin’s complaint, and that once an insurer has fully paid out available PIP benefits an insurer cannot withhold MedPay benefits for expenses even though they may have been paid or satisfied by the claimant’s health insurer. The case has been remanded to the Worcester Superior Court, where Ms. Golchin intends to seek class action status. Ms. Golchin is being represented by Attorney Kenneth D. Quat and Attorney Elliot Beresen.

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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
If you feel your rights have been violated, please contact our office. In most situations, we can provide an initial case evaluation at no charge.
Learn more at QuatLaw.com.