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Eaton v. Federal National Mortgage Ass'n

Eaton v. Fed. Nat'l Mortg. Ass'n, 462 Mass. 569 (2012)

Court
Supreme Judicial Court of Massachusetts
Decided
2012-06-22
Docket
Not listed in the sources consulted
Cited by later opinions
196

What happened

After a foreclosure sale, Fannie Mae tried to evict Henrietta Eaton. The foreclosing company held her mortgage but not her note, and a judge blocked the eviction.

What the court decided

The court held that a foreclosing mortgagee must hold the note or act on behalf of the note holder — but applied the rule only to foreclosures after the decision. Ms. Eaton was allowed to pursue discovery on whether the foreclosing company acted for the note holder.

In the court's words

“either holding the mortgage note or acting on behalf of the note holder”

Why it may matter to you

It shows a court linking the right to foreclose to the actual debt — and a homeowner getting the chance to ask questions before eviction.

Why it might not apply

Massachusetts law, prospective only; Texas takes a different view (Martins).

Most useful when

  • The company that foreclosed held the mortgage but not the note

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationEaton v. Fed. Nat'l Mortg. Ass'n, 462 Mass. 569 (2012)Short formEaton, 462 Mass. 569

Draft — check it with free legal aid before you file or say it in court.

In Eaton v. Fed. Nat'l Mortg. Ass'n, 462 Mass. 569 (2012), the court held that a foreclosing mortgagee must either hold the note or act on behalf of the note holder, a rule applied to foreclosures after the decision. Here, [say in one sentence what happened in your case]

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