News - 2015

Benjamin Wish was quoted in a Banker & Tradesman article published Aug. 17, 2015, analyzing the potential invalidation of mortgage foreclosures under the legal duty of "good faith and reasonable diligence" – even where mortgage lenders comply with Massachusetts statutory law governing foreclosures.

"The duties of good faith and reasonable diligence are broad," Wish told the publication. "Courts have said that especially when a lender is selling a foreclosure to itself, it has a duty to the borrower to obtain as high a price as possible."

Noting a number of more recent court cases invalidating foreclosures, Wish said, "[b]efore these cases, it was very difficult to invalidate a foreclosure. Now, while it's still an uphill battle, mortgagors have a couple more tools in their toolbox to invalidate a foreclosure and even seek damages."

Wish concentrates his practice on complex commercial litigation, including real estate disputes.

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