Exposed! Worcester Housing Court Favors Banks Over Foreclosed Homeowners and Tenants

On July 19, 2018, members of the Worcester Anti Foreclosure Team (WAFT) served the Worcester Housing Court shocking evidence of the widespread practice of its Judges accepting ex parte (secret) communications from attorneys of the foreclosing banks, securitized trusts, and some third party purchasers, in cases against homeowners and tenants fighting to save their homes.

“These banks are complaining about the homeowners, but they are the ones breaking the law,” says homeowner Cheryl LeBlanc, who along with her three children was just evicted before resolution of her ongoing appeal. There was no auction of her home, yet the bank recorded a false foreclosure deed in the Registry of Deeds as if there were, and this was inserted into her eviction case file in violation of due process.

These communications are explicitly and intentionally made without notice or copy to defendants, and the Judges and Clerks of the Court are complicit in facilitating the violations.

As part of an ongoing lawsuit against the Worcester Housing Court by occupants of area homes facing illegal foreclosure, petitioners to the Supreme Judicial Court filed a new brief comprising 1700 pages of evidence of ex parte communications; they span 54 cases of the Worcester Housing Court and were a chance discovery by a WAFT homeowner. WAFT members believe that two dozen more cases will be identified in the coming weeks.

These ex parte documents are referred to by lawyers for the financial industry as the “entry packet.” It is against the court rules to put them in the file at the beginning of a case or without proper documentation; it is against all law, court practice and the due process rights of defendants for numerous communications to be had by the other party with the Judge.

“Once I really pressed the point about the fraudulent documents, the opposing attorney and the bank wrote up an agreement they wanted me to sign, stating I could have more time in my house, if I promised not to sue them at a future date, and if I would pull my appeal from the Appeals Court, among other stipulations,” explained Christine Hilton.

Worcester Housing Court Judges have relied upon these documents as if true, without defendants being able to challenge them. These communications have established a nearly perfect record of defeat against homeowning families trying to defend their rights. The resulting bias of the Court is impossible to ignore, and it undermines the faith of our citizens in a just, fair and impartial judicial system.

“Fault is assumed as soon as you walk in the door,”  said Thomas Saxe, a homeowner fighting eviction based on illegal foreclosure, when describing the impact of these types of exclusionary communications.

Neither the lawyers nor the court have taken any steps to correct a practice that has been in place since February 2014. No contrition on the part of the Judge for this expansive violation of rights, due process, and the Judges’ and court staff’s obligations under the law to perform their positions of public trust.

“I had been working with WAFT getting as much information and as much help as I possibly could. The odds were against us obviously, so we were trying our best. The Judge assumed I did not know my case. She offered to give me an extension on the trial date if I would not have anything to do with WAFT. She wanted to take my right to associate with others away. Turns out she was communicating unfairly with the other side.” stated Myron Swanston; he and his mother’s home was illegally taken and they could not stop the eviction.

Additional Content
Download and read the amici briefs submitted by WAFT ( PDF ) and the associated appendix ( PDF ).

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Join Us for a Special Evening with MAAPL on June 28th

This special evening brings us — anti-foreclosure activists and activist investors — together.

  • Homeowners – Tell of the banks’ illegal taking of your homes, the destruction of your property… and impacts on your lives!
  • Investors – Hear the real stories of foreclosed homeowners and learn why it is vital to take a legal stance against the banks through establishing the LandLaw Institute.
  • Everyone – Invest your dollars into a fight that will improve the economic well-being of all. Bring justice home to those given predatory loans, end illegal foreclosures and restore communities.

Our host, Truth Diggers LLC, was founded specifically for funding “whistle blower” law suits that will finally enforce those laws the mortgaging industry so rampantly breaks and the constitutional rights and property protections our government so egregiously fails to uphold.

This fund-raising party is a unique opportunity to discover what profound and far reaching change we can create with the right investment and financially facilitate a tectonic shift in our struggle against illegal foreclosure.

Join us on Thursday, June 28th — watch the sunset over Worcester’s skyline… And the future dawn for our anti-foreclosure movement!

5:30 pm – Gather
6:00-8:00 pm – Main Event
$100 ticket price includes wine and hors d’oeuvres. Proceeds benefit MAAPL and its ongoing fight to end the foreclosure crisis and bring our wealth home.

For information and to register for this special event, visit our Event page. Tickets are available online and at the door.

We Hope to See You at This Special Event!

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Rally and Press Conference at Worcester County Courthouse on 3/12

Wronged Homeowners to Submit Video Proof of Criminal Fraud by Mega-Banks to Worcester District Attorney

Worcester, March 12, 2018, 12:30 pm – Rally and Press Conference in front of Worcester County Courthouse, 225 Main St by homeowner-members and supporters of the Worcester Anti-Foreclosure Team (WAFT).

“WAFT has protested many dozens of auctions where the Banks swear to actions to foreclose and we have footage that shows that their documents in the Registry of Deeds are not true!” said Felix Kangaru, whose evidence and the recorded documents were among those submitted.

Members shared stories of the nightmare of foreclosures and homes taken on the basis of lies and what they now understand are criminally untrue registry filings. They have available samples of video evidence that the documents recorded at the Worcester Registry of Deeds falsely swear to the opposite of what actually happened at their auctions.

Following the Press Conference, WAFT members will be delivering 24 videos and almost 30 examples of criminally fraudulent foreclosure document recordations to the Worcester County DA, in addition to affidavits from homeowners swearing that no one had shown up at their auction, despite documents filed at the Registry swearing they had. Press is invited to enter the courthouse and film the submission of the evidence.

According to Grace Ross, Organizer for the Mass Alliance Against Predatory Lending, many more cases of auction fraud will be submitted as members continue to collate their evidence of what happened and connect it with the perjured documents being filed at the Registry of Deeds.

With hundreds of Massachusetts home auctions continuing monthly, the centrality of these untruthful recordations, according to Ms. Ross, is that “these documents are entered into the Registry of Deeds with the explicit and sole purpose of being the legal basis of claiming a foreclosure of someone’s home. These are legal requirements to record certain information as sole proof of a certain type of foreclosure, but in many dozens of cases we have found (and can show) the “witnessed” and notarized documents are a direct and outright lie.”

Chris Horton, Volunteer Outreach Coordinator for WAFT, explained: “We’re trying to bring the world’s attention to the fact that the mega-banks and mortgage companies routinely lie in Registry documents; these are each a criminal offense.  We’re very excited that these are at least being looked at by our DA and that the Registrar of Deeds is also looking.”

Nunciata Sullivan of Charlton put it bluntly: “Everything about this process is so unfair, lawyers with pieces of paper full of lies show up claiming our homes, the biggest investment in our lives, homes we worked and struggled and fought for. The judge barely looks at the papers and says: ‘fine, here, take the house.’  It has to stop.”

Mr. Horton continued: “We encourage folks to stand with their neighbors against these illegal activities, and we urge those facing problems with a mortgage that could lead to a foreclosure to get in touch with us immediately. We have a clinic every Monday night at 6pm at our new office at 70 James St., #129B.”

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Action Alert: Help Move MAAPL’s Bills Forward—Call Your Legislator Today!

Your voice gets results! Call your State Representative and Senator, and ask them to Report MAAPL’s Bills Out of Committee before February 7th!

Why? After the 7th, any bill still in committee goes nowhere!

For more information on the bills currently in committee, go to MAAPL’s Current Legislation page.

Please make TWO sets of phone calls to:
Financial Services Committee
Senator Eldridge – (617) 722-1120
Representative Michlewitz – (617) 722-2220

Judiciary Committee
Senator Brownsberger – (617)-722-1280
Representative Cronin – (617) 722-2396

What do I say when I call?
“Hello, my name is ____. I live in [name of your town].

Financial Services Committee calls:
“Please, Rep. Michlewitz /Senator Eldridge, ask the Financial Services
Committee to report out
H3676: Resolution Trust Fund for Receipt of Reasonable Mortgage Payments
S500/H550: Facilitate Alternatives to Foreclosure through Mediation.

Judiciary Committee calls:
“Please, Rep. Cronin/Senator Brownsberger, ask the Judiciary Committee to
report out:
S903/H3059: Foreclosure Review Court
S884/H1115: Municipal Powers
S841/H956: Preventing Unnecessary Vacancies
S763/H2349: Judicial Protection
H3500: Real Estate Title Protection

Please report these bills out favorably. I want to them to become law. Thank you.”

When the calls are over, please e-mail Grace Ross, MAAPL coordinator. Tell her what the legislators said:

Please call by February 7th! Your legislators need to hear your voice. Call now! Then tell MAAPL the results of your call.

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Action Alert: MAAPL Legislative Call-In Day Tuesday, Jan. 16th!

Your voice gets results! Call both  your Representative & Senator at the State House.  Ask them to support MAAPL’s Resolution Trust Fund & Mediation Alternative to Foreclosure bills: H3676 & S500/H550.Photo of MA State House

Here’s what you do:

Don’t know who your state Representative/Senator are? Go to; type in your address. It will list your elected officials. Click their name to see their phone numbers.

What do I say?

“Hello, my name is ____. I live in [name of your town].

I’m calling to ask you to support H3676 to Establish a Resolution Trust Fund for Receipt of Reasonable Mortgage Payments and also S500/H550 for mediation for loan modification to avoid foreclosure. Please: Contact Rep. Michlewitz or Senator Eldridge and ask the Financial Services Committee to report these bills out favorably. 

Massachusetts needs a Resolution Trust Fund so homeowners who find out the party billing them has no legal right to payment—have a legal place to make affordable payment.

Free mortgage counseling to get loan modifications is almost gone with loss of federal funding, we need pre-forelcosure mediation now; it has always been the most effective option; it places homeowners on an equal footing with banks. 

Mass. foreclosure auctions continue at almost 500 per month, help thousands avoid foreclosure!

Please, as my Representative,


Please, as my Senator,

Will you ask Financial Services to report H3676 & S500/H550 out favorably? I want to see these bills become law.

Thank you.”

When they have answered you and you have finished the call, please e-mail Grace Ross, MAAPL Coordinator, and tell her who your Representative/Senator is and what they answered: 

MAAPL Factsheet on H3676Establish a Resolution Trust Fund for Receipt of Reasonable Mortgage Payments ( PDF )

MAAPL Factsheet on S500/H550 – Facilitate Alternatives to Foreclosure ( PDF )

Oops: it’s past the 16th and I forgot to call! No problem: call today. Your legislators always need to hear your voice. Call now! Then tell MAAPL.

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Action Alert: Call Your State Legislator in Support of MAAPL’s Bills!

In Massachusetts, foreclosures are running at a rate of roughly 500 a month—the foreclosure crisis is far from over!

On Tuesday, September 26th, the Legislature’s Judiciary Committee heard testimony on five MAAPL anti-foreclosure and related bills to combat the rampant, illegal foreclosures devastating our communities. Phone calls made the difference to getting ground-breaking foreclosure legislation in the past: Let’s do it again!

Call your state Senator & Representative today: Ask them to back these bills!

For more information on the bills, check out the post announcing the 9/26/17 hearing.

Use the simple phone script below:

“Hi! My name is ________. I live in ______. Foreclosures are running at a rate of 500 per month in Massachusetts and devastating my community.

I want my Senator/Representative to tell the Judiciary Committee Chairs they support the following bills:

  • S903/H3059: Foreclosure Review Division of Superior Court (Sets up special court to review foreclosures)
  • S884/H1115: Municipal Powers (Clarifies that cities and towns can pass local foreclosure laws)
  • S841/H956: Preventing Unnecessary Vacancies (Gives homeowners the right to rent post-foreclosure)
  • H3500: Real Estate Title Protection (Re-establishes and cleans up local Registry of Deeds filings)
  • S763/H2349: Judicial Foreclosure (Requires solid, Judicial foreclosure process in MA)

Thank you!”

Don’t know who your state Representative and Senator are? Go to, put in your address and scroll down to view your state legislators (not Warren or Markey). Click on their names to see their contact info.

Thanks for taking action and making your calls today! Together we can stop the foreclosures and save our communities!

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Hearing for Five MAAPL Bills on Tuesday, September 26th

On Tuesday, September 26th, five of MAAPL’s bills will have a hearing before the Judiciary committee of the MA legislature. Please come to the State House and support these bills!

Date/Time: September 26th, 1:00 – 5:00 pm (may go later)
Location: MA State House, Room B2
24 Beacon Street, Boston, MA

We invite you to:

  • Attend the hearing
  • Present testimony in favor of one or more bills (please contact Grace Ross at or call 508-630-1686 if you will be testifying or submitting written testimony)
  • Encourage your friends to attend the hearing as well
  • Call your state legislators to urge them to support these bills and to let members of the Judiciary committee know that they support these bills. Don’t know who your state senator and representative are? Visit and enter your street address, then scroll down to find your state legislators’ names and phone numbers.

The following bills will be heard:

Foreclosure Review Division of Superior Court (S903/H3059)
Sponsors: Sen. McGee & Rep. Gonzalez
Fact Sheet on this Bill ( PDF )

This Bill establishes a statewide, specialized division of Superior Court to adjudicate all aspects of foreclosure-related cases, instead of the several courts that now have jurisdiction over one or another aspect of such cases. The Foreclosure Review Division will be empowered to clear title to foreclosed properties, both for those foreclosed and for third-party purchasers, and will provide online and other assistance to pro se litigants. It will free up regular court dockets and promote judicial economy.

Clarifying Municipal Authority (S884/H1115)
Sponsors: Sen. Lesser, Sen. Chandler, Sen. McGee and Rep. Tosado
Fact Sheet on this Bill ( PDF )
The bill clarifies that municipalities can continue to exercise their health and safety powers in service of their residents even in the context of this foreclosure crisis. Worcester successfully ran a groundbreaking cash bond program for over 5 years and Lynn showed that pre-foreclosure mediation can result in mutually agreed upon affordable loan modifications leading to avoidance of foreclosure in 97% of cases.

Preventing Unnecessary Vacancies (S841/H956)
Sponsors: Sen. Eldridge and Rep. Sanchez
Fact Sheet on this Bill ( PDF )
This Bill requires a commercial purchaser of a foreclosed home to rent it to the “foreclosed” homeowner until the property is sold to a new owner-occupant. The former owners become tenants paying the HUD fair market rent for their units. Post-foreclosure tenants can be evicted only for just cause.

Real Estate Title Protection Act (H3500)
Sponsors: Rep. Moran and Rep. Mark
Fact Sheet on this Bill ( PDF )
This Bill protects real estate titles; its provisions ensure, for instance, that the mortgagor (borrower) can always tell who owns the mortgage, and require the Mortgage Note to be returned to the mortgagor, marked “Paid in Full,” upon payoff. It requires Registries of Deeds to record each mortgage in the names of the real parties in interest, that is, the mortgagor and lender. It institutes deadlines for recording assignments of mortgage and foreclosure deeds. Protecting marketable title will bolster business creation by facilitating entrepreneurs’ mortgages on their own homes; these historically have provided up to 70% of the credit for new U.S. businesses.

Judicial Foreclosure (S763/H2349)
Sponsors: Sen. Brady and Rep. Smizik
Fact Sheet on this Bill ( PDF )
This Bill requires foreclosure of 1-4 family homes to be conducted through a court action. A party wishing to foreclose must provide the legal documentation to prove to a judge that it is the mortgage-holder before it forecloses. With our present non-judicial foreclosures, the burden is on a wronged homeowner to get a judge to order the foreclosing party to produce this evidence. Judicial Foreclosure will prevent foreclosures by those with no authority to foreclose, and prevent clouds on title presently created during non-judicial foreclosures.

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MAAPL Annual Meeting: Tuesday, September 19, 2017

MAAPL Supporters, this is THE meeting to come to! Join us for our 2017 Annual Meeting…

Date/Time: Tuesday, 9/19 from 1:00 to 3:00 pm
Location: Boston ABCD, 178 Tremont St., Boston, MA
Call in: 641-715-3340, Code: 100308

Beyond the short but necessary annual meeting business…

We now know how to stop close to 100% of auctions IF we can reach all homeowners before auction AND have enough hands on deck!

Back in 2008, when we first came together, our top legislative priority was a moratorium on foreclosures. We thought that—with a tsunami of foreclosures already beginning to hit, and that we knew would crash the world economy—the legislature would surely react.

But history tells a different story: in the next year, 2009, foreclosures reached more than 3 times the peak of the Great Depression. Even now they are running at about the peak rate of the Great Depression—although the public has so bought into the Banks’ PR messages that they think the foreclosure crisis is over.

It is not over BUT we now know how, working together, we can create a grassroots moratorium on foreclosures!

This is not about everyone going to court! This is a grassroots outreach, organizing and mutual support strategy that works!

Come to the Annual Meeting on Tuesday—Renew your commitment and join us in putting a stop to foreclosures!

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Action Alert: Legislative Call-In Day TOMORROW 3/27/17

If you can, please join us to lobby MONDAY, 3/26/17. Please contact Grace at 617-291-5591 if you can join us to lobby your state legislators. We should be at the State House at 11:00 am and will probably stay until close to 5:00 pm, so ANY time will be DEEPLY appreciated AND will make a real difference!

MAAPL Legislative Call-In Day
Monday, March 27th


Foreclosures are still at historically high levels (about twice the peak rate during the Great Depression!). On Monday, March 27th, we have another opportunity to get co-sponsors for MAAPL bills!

Your voice gets results! Call both your legislators at the State House: your Representative and Senator. Ask them to support MAAPL’s Resolution Trust Fund and Title Protection bills: HD1462 and HD3360.

Here’s what to do:

If you don’t know who your state Representative and Senator are, go to and type in your address. It will tell you your elected officials and their phone numbers. Make a note of their names and phone numbers so you can make your calls.

What do I say when I call?

 “Hello, my name is ____. I live in (name of your town).

“I’m calling because foreclosures are still at historic levels, and we need real solutions. Today, please co-sponsor two bills that now have approved wording: HD 3360 to Protect Title to Real Estate, and also HD 1462 to Establish a Resolution Trust Fund for Receipt of Reasonable Mortgage Payments.

“Massachusetts needs to Protect Title to Real Estate. Foreclosures are revealing that the documents in our Registries of Deeds are no longer accurate, transparent nor timely, and it is harming all homeowners.

“Massachusetts needs to create a Resolution Trust Fund because some homeowners no longer have a legal entity to pay their mortgage to and face foreclosure instead.

“Please, sign on to co-sponsor HD1462 and HD 3360. I want to see these bills become law.

“As my Representative/Senator, will you do that?

“Thank you.”

When they have answered you and you have finished the call, please e-mail Grace Ross, MAAPL coordinator, and tell her who your Representative/Senator is and how they responded to your request:

For more information about these bills, download the bill text:
Protecting Titles to Real Estate ( PDF )Resolution Trust Bill ( PDF )

Thank you for joining our lobby day and helping us get co-sponsors for these important bills! Together we make a difference for homeowners across Massachusetts!

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Wednesday, Feb. 22nd Anti-Foreclosure Clinic in Roxbury, MA

Roxbury Anti-Foreclosure Clinic
Wednesday, Feb. 22nd, 1:00-5:00 pm
Burns Building, 575 Warren St., Roxbury, MA

To RSVP or for more information, email us at or call 508-630-1686.

Download and share the flyer for this clinic (PDF)

UPDATE: Feb. 23, 2017 is the expected NEW deadline to file at the Registry of Deeds.

Did you know…

  • Most foreclosures were Illegal.
  • You have 20 years to Reverse Your Foreclosure and Retake Your Home or receive Full Restitution?
  • You must Act Now—by February 23rd—to preserve your constitutional property rights!

You must file at the Registry of Deeds because the industry got a bad law passed.

If you were “foreclosed” before 2014, you only have UNTIL FEB 23rd, 2017 TO FILE to maintain your 20 year right to your home!
(If your foreclosure was after 2014, you will have three years to file.)

Make sure this new law and the banks NEVER take away your rights!

MAAPL offers you free materials, support, information and guidance on some simple steps to protect your rights.

Let’s put the banks on notice that their ability to destroy the lives of people in Massachusetts is over!

Share this info with anyone you know who has been foreclosed or is facing foreclosure!

Can’t make it? More Anti-Foreclosure Clinics are happening soon!

Keep checking back at for the latest clinic dates.

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