First Circuit Concludes that "Potentially Deceptive" Language Added to Default Notice May Void Foreclosure Sale in Massachusetts
1 min read
Feb 13, 2019
In Thompson v. JPMorgan Chase Bank, the First Circuit Court of Appeals held a foreclosure was potentially void where terms in the lender's default notice arguably conflicted with terms in Paragraph 19 of the Mortgage. Although Chase's notice of default provided the Thompsons with the disclosures required under Paragraph 22 of the Mortgage, Chase's default notice further stated that the Thompsons "could still avoid foreclosure by paying the total past-due amount before a foreclosure sale takes place." The First Circuit interpreted this additional language as potentially misleading, because advising borrowers that they could make payment up to the time of the foreclosure sale differed from the Mortgage's Paragraph 19, which only allowed a reinstatement payment five days before the sale of the Property.
The Court noted that both "accuracy and avoidance of potential deception" are conditions of a valid foreclosure sale and that "[o]mitting the qualification [that the payment must be tendered at least five days before the foreclosure date] in [the Court's] view rendered the notice potentially deceptive." And because Massachusetts is a non-judicial foreclosure state, the Court reiterated that prejudice to the borrowers is not a requirement and therefore, borrowers did not have to show that they were harmed in any way by the allegedly non-compliant notice.
We will have to see how closely other courts scrutinize Paragraph 19 disclosures in assessing the viability of foreclosure proceedings.
Topics
Related Capabilities
Featured Insights

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

In The News
Apr 14, 2026
Bloomberg Law Recaps Panels Presented at Hinshaw's 25th Anniversary LMRM Conference

In The News
Apr 14, 2026
Michael Dowell Discusses the Uncertain Impact of Growing Medicare Advantage Scrutiny

Privacy, Cyber & AI Decoded Alert
Apr 9, 2026
6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals



