Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)

Citation: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Parent Document: Federal National Mortgage Ass'n v. Nunez, 460 Mass. 511 (2011)
Jurisdiction: Massachusetts (state)
Effective Date: 2011-09-06
Original Source: https://www.courtlistener.com/opinion/6580334/federal-national-mortgage-assn-v-nunez/ ↗

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Under our interpretation of G. L. c. 186A, §§ 1-2, the prohibition against evictions without cause in G. L. c. 186A, § 2, is prospective in that it does not apply to acts of eviction committed by a foreclosing owner before August 7, 2010, but does apply to acts of eviction committed after that effective date.10 See Rosnov v. Molloy, supra at 475 (Wage Act amendment “should be read to apply only prospectively, to claims arising *520on or after the amendment’s effective date”). Where a “no-fault” eviction process began but was not completed before August 7, 2010, a foreclosing owner cannot complete the eviction, because any further act intended to cause the tenant to vacate would violate c. 186A.11 Because Fannie Mae, by continuing to prosecute the summary process action, was seeking further acts of eviction against Nunez after the statute’s effective date without any claim of just cause, the judge was correct in dismissing the claim for possession.12

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