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

1,152 chars

A statute that is intended to apply retroactively may be subject to challenge *517on constitutional grounds. See Canton v. Bruno, 361 Mass. 598, 606 (1972) (“If it appears by necessary implication from the words, context or objects of a particular enactment that the Legislature intended it to be retroactive in operation, this court will give effect to the intent of the Legislature in so far as the State and Federal Constitutions permit”). For example, a retroactive statute runs afoul of the ex post facto clause if it is punitive, and violates due process rights if, although not punitive, it does not pass a test of reasonableness that asks “whether it is equitable to apply the retroactive statute” in a given case. American Mfrs. Mut. Ins. Co. v. Commissioner of Ins., 374 Mass. 181, 191 (1978). See Doe, Sex Offender Registry Bd. No. 8725 v. Sex Offender Registry Bd., 450 Mass. 780, 788 (2008); Commonwealth v. Bruno, 432 Mass. 489, 498-500 (2000). The Federal National Mortgage Association (Fannie Mae) does not argue that the application of G. L. c. 186A, § 2, to prevent a no-cause eviction in this case raises any constitutional question.

Other Sections in This Document (43)

Full Text