Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)

Citation: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Parent Document: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Jurisdiction: Massachusetts (state)
Effective Date: 2011-09-06
Original Source: https://www.courtlistener.com/opinion/6580334/federal-national-mortgage-assn-v-nunez/ ↗

Full Text

905 chars

Fannie Mae presents two separate arguments that the judge applied the act retroactively without any plain legislative intent to permit such retroactive effect. First, Fannie Mae argues that, based on the definition of “eviction” in G. L. c. 186A, § 1, the “eviction” covered by the statute began when the summary process complaint was filed, and the judge’s dismissal of its claim for possession effectively made unlawful an action — the filing of the summary process complaint — that was lawful when taken. Second, Fannie Mae argues that the application of the statute is retroactive because it burdens substantive rights, specifically the property rights it acquired before the effective date of the act when it became the owner of a home following the foreclosure, which included the right to take possession of the property from a tenant without cause, after complying with required notice procedures.

Other Sections in This Document (43)

Full Text