2011-10-19businessweek.com

The Supreme Judicial Court, which in January found that banks can't foreclose on a house if they don't own the mortgage, went one step further in a closely watched case and said a sale after that foreclosure doesn't transfer the property. Therefore, the buyer couldn't bring his court action against a previous owner, the court ruled.

The high court upheld a lower-court decision that said Francis J. Bevilacqua III, the buyer of residential property in Haverhill, Massachusetts, never owned it because U.S. Bancorp foreclosed before it got the mortgage. Today's ruling could have implications in the foreclosure crisis, in which banks are accused of clouding home titles through sloppy transferring of mortgages.


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