Federal National Mortgage Ass’n v. MarroquinAnnotate this Case
The decision in Pinti v. Emigrant Mortgage Co. applies in any case where the issue was timely and fairly asserted in the trial court or on appeal before July 17, 2015. In Pinti, the Supreme Judicial Court held that a foreclosure by statutory power of sale is invalid unless the notice of default strictly complies with paragraph 22 of the standard mortgage. The court concluded that this decision should be given prospective effect only but left open the question of whether the holding should be applied to any case pending in the trial court or on appeal. In reaching that question in this case, the court concluded that Defendants timely and fairly raised this issue in the housing court before July 17, 2015. The court affirmed the judge’s ruling declaring the foreclosure sale in this case void because the notice of default did not strictly comply with the requirements in paragraph 22 of the mortgage.