Jake with his parents, Stephen & Carol

JAKE MARCUS RUNS MARATHONS FOR CROHN'S & COLITIS FOUNDATION OF AMERICA  

On behalf of his father, Stephen Marcus, who has recently been diagnosed with Crohn's, Jake Marcus ran, completed and came in second in his first marathon with a time of 2:49:41 which was held in Severna Park, Maryland.  He will also be competing in a half marathon on June 4, 2011 in Loudoun County, Virginia.   

Jake Marcus

Jake not only wants to help his father, but also the many others diagnosed with Crohn's and ulcerative colitis.  Jake is helping to raise funds for the Crohn's and Colitis Foundation of America whose mission is to cure and prevent Crohn's and ulcerative colitis through research and to improve the quality of life for millions of children and adults affected by these digestive diseases.  To read more please [click here].  To read about Jake's personal experiences click on [Jake's Blog]. 

DUTY TO REPAIR APPLIES TO COMMERCIAL LANDLORDS 

The statutory duty of a landlord under G.L.c. 186, §19, to exercise reasonable care to correct an unsafe condition described in a written notice from a tenant applies to commercial leases, the Supreme Judicial Court has ruled in an issue of first impression.

The issue arose in a case involving a tanning salon with a leaking roof.  Superior Court Judge Thomas R. Murtagh entered a directed verdict for the defendant landlord, on the theory that G.L. c.186, §17, only applies to residential landlords.

The SJC disagreed, reversed and ordered a remand, holding that the legislative intent of G.L. c.186, §17, was to apply to all landlords, both commercial and residential, further holding that:

NEW YORK BANKRUPTCY COURT RULES MERS'S BUSINESS MODEL IS QUESTIONABLE

United States Bankruptcy (NY) Judge Robert Grossman has ruled that MERS's business practices regarding assignments and foreclosure of loans and mortgages are unlawful. He explicitly acknowledged that this ruling sets a precedent that has far-reaching implications for half of the mortgages in this country.  The Decision is in some respects similar to the Ibanez decision which was decided by the Massachusetts Supreme Judicial Court, U.S. Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637 (2011)and which was discussed in our February, 2011, newsletter.

At each transfer, the note and mortgage are supposed to be "assigned" to the new owner prior to any foreclosure.  MERS claimed that because it was the "mortgagee of record" and the "nominee" of both parties to every transaction, there was no need to assign the "mortgage" prior to the foreclosure. And it argued that since the old adage is that the "mortgage follows the note" and that both parties intended to assign the notes (even if they did not get around to doing it), then the Bankruptcy Court should rule that the assignments did take place in some sort of "virtual reality" so that there is a clear chain of title that allows the servicers to foreclose.