Goodman Provides Valuable Contribution In Lien Enforcement Victories

Goodman Provides Valuable Contribution In Lien Enforcement Victories

By: Henry Goodman, Esq.

Over the past few months, our own Henry Goodman, as part of the national CAI amicus curiae brief (friend of the court) team (along with other team members, Loura Sanchez, Esq. and Thomas Moriarty, Esq.), has been victorious on behalf of condominium associations in the appeal of cases to the Court of Appeals for the District of Columbia (Chase Plaza Condo v JPMorgan Chase) and the Supreme Court of Nevada (SFR Investments Pool 1, LLC vs US Bank, N.A).

Those cases, not applicable to the Commonwealth of Massachusetts, decided the issue of whether Condominium priority lien enforcement foreclosures extinguished the lien of the first mortgage. Those Courts have ruled that it did.

These cases are only binding on the District of Columbia and the State of Nevada. However, they could be persuasive in other states with similar statutes.

Henry, along with the other team members has drafted a brief which has been filed in the United States Ninth Circuit Court of Appeals (Bayview Loan Servicing v. SFR Investments Pool 1, LLC), also on the issue of the extinguishment of the prior recorded first mortgage by a condominium “super lien”. In addition, Henry along with Charles Perkins, Esq. has drafted a brief in the appeal of another condominium case (Drummer Boy Homes Association v Britton) involving a different issue in the Commonwealth of Massachusetts.

Another partner in this firm, Frank Lombardi, has filed a direct appeal in a Rhode Island case (TwentyEleven, LLC v. Michael Botelho, et al) involving an issue similar to the ones decided in the District of Columbia and Nevada.

All of the cases other than the ones filed in the District of Columbia and the State of Nevada are awaiting decision.

Henry was also involved on the winning side of another appeal in the Supreme Judicial Court of Massachusetts (Wyman v. Ayer ) argued by Thomas Moriarty, Esq. which decided that the “economic loss rule” does not apply to condominium claims against developers.

All of the team members are also members of the elite College of Community Association Lawyers (CCAL) and Henry is a member of its Board of Governors.