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Appeals court weighs challenge to post-foreclosure summary process and paragraph 22 notice
Summary
MTGLQ Investors LP v. McIntosh raised whether a standard mortgage paragraph and the required notices satisfied strict-compliance rules after a nonjudicial foreclosure, and whether a former owner/occupant has standing to challenge defects in the notice.
Attorney Adam Sherwin, representing the former occupant Kathleen McIntosh, argued the paragraph 22 notice in the mortgage and the accompanying summary-process summons were defective because they referenced rights to assert claims “in the foreclosure proceeding” even though the lender pursued a nonjudicial foreclosure. Sherwin said the reference would mislead borrowers — particularly pro se mortgagors or occupants — into believing they could raise defenses in a…
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