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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We turn now to Fannie Mae’s second retroactivity argument, that applying c. 186A to a home that was foreclosed before the effective date of the act is retroactive because it impairs the property rights that Fannie Mae had when it purchased the home. Having acquired ownership of the property and, with it, the ability to evict Nunez without cause, Fannie Mae argues that the application of the subsequently enacted c. 186A is retroactive because it alters and diminishes the property rights that it had acquired at the foreclosure sale. And because a statute may be interpreted to have retroactive effect only where the Legislature in unequivocal terms manifests its intent to apply the statute retroactively, and the Legislature did not manifest such intent in enacting c. 186A, Fannie Mae contends that the statute may apply only prospectively to properties foreclosed after the effective date.

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