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Massachusetts

By the Sword We Seek Peace, but Peace Only Under Liberty

Quick Facts
 
Capital: Boston
 
Area: 8,257 square miles
 
Ranks 45th in size
 
Nickname: Bay State
 
State Slogan: Make it Yours, The Spirit of America
 
Admission Date: 1788
 
State Flower: Arbutus (Mayflower)
 
State Bird: Chickadee
Did you know?
  • The official rock of Massachusetts is the Roxbury pudding stone.
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  • In 1620, the Pilgrims landed at Plymoth Rock, Massachusetts. The first Thanksgiving was held at Plymouth Rock in 1621.
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  • In 1773, the Boston Tea Party sparked the beginning of the American Revolutionary War.
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  • In 1775, The first battles of the Revolutionary War were fought at Concord and Lexington Massachusetts.
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  • In 1636, Harvard became the first college in the colonies located at Cambridge, Massachusetts.
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  • Basketball, Volleyball and chocolate chip cookies were all invented in Massachusetts.
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  • The Basketball Hall of Fame is located in Springfield, Massachusetts.
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  • In 1903, the first World Series Baseball game was held in Boston.
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  • Famous people born in Massachusetts include John Adams, John Quincy Adams, John F. Kennedy and George H. W. Bush.
On February 6, 1788, Massachusetts became the 6th State to be admitted into the United States of America. Below are excerpts of the Massachusetts Constitution followed by what has and is happening in Massachusetts.


The Constitution of Massachusetts
The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.
Preamble

The body politic is formed by a voluntary association of individuals: it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them.

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS.

Article I of Part the First of the Constitution is hereby annulled and the following is adopted:-
All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.
Articles of Amendment, Article CVI

It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. [See Amendments, Arts. XLVI and XLVIII.]
Part I, Article II

"As the public worship of God and instructions in piety, religion and morality, promote the happiness and prosperity of a people and the security of a republican government; -- therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society, a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society: -- and all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law." [See Amendments, Arts. XLVI and XLVIII, The Initiative, section 2, and The Referendum, section 2].
Articles of Amendment, Article XI

All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.
Part I, Article V

Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it.
Part I, Article VII

Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws…
Part I, Article X

Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
Part I, Article XI

In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it. [See Amendments, Art. XLVIII, The Initiative, II, sec. 2].
Part I, Article XV

A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth.
Part I, Article XVIII

It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing laws. [See Amendments, Arts. XLVIII, The Initiative, II, sec. 2, and The Referendum, III, sec. 2, LXVIII and XCVIII.]
Part I, Article XXIX


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It is happening in Massachusetts
How can you make it yours if banksters and mortgage robbers can to steal it at will?



Justice Foreclosed
Financially battered state courts simply cannot keep up with rising mortgage defaults....
Clogging the operation of the mortgage foreclosure system with court delay simply will not work. Either individual rights will be submerged, and people will lose their homes unlawfully, or home mortgage liquidity will atrophy, the larger economy will suffer, and potential home buyers will be denied homeownership, although financially able to support mortgage payments....
The Dixons got lucky. They were randomly assigned a judge who was willing to quickly move on their case and to speak out about the larger problem. But for every family like the Dixons there are thousands more whose lives are in limbo while they wait for their foreclosure cases to wend their way through court. It's yet another sign that America is slouching toward third-world justice for its citizens....
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Tags: Massachusetts
Source: http://www.theatlantic.com/national/archive/2011/07/justice-foreclosed/242407/
Article by Andrew Cohen, July 25, 2011

 

How to Fight a Wrongful Foreclosure
How much does it cost to get justice, when a bank forecloses on your house illegally? … American law cannot allow property seizures based on backdated, incomplete, or fraudulent documentation, no matter what the circumstances are. Otherwise, no one's home is safe. … The Massachusetts case began not with consumers, but with the banks themselves. They asked the courts to affirm that the foreclosures were valid so they could get title insurance. That pulled the borrowers -- Antonio Ibanez and Mark and Tammy LaRace -- into the fray. When the horrified courts looked at how the foreclosures had gone down, they said, "no way," and gave the former owners their property back.
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Tags: Massachusetts
Source: https://www.cbsnews.com/news/how-to-fight-a-wrongful-foreclosure/
Article by Jane Quinn, January 20, 2011

 

Judicial Foreclosure in Massachusetts: It’s About Time
The foreclosure crisis in Massachusetts is not over. Massachusetts foreclosure rates continue to climb....Foreclosures affect us all....
Almost all foreclosures in Massachusetts go forward without an opportunity for the homeowners to challenge the foreclosure or present important defenses, including: that they do not owe what is claimed; that the foreclosing entity does not own the mortgage or note; or that the mortgage was obtained by fraud....
From colonial times, Massachusetts has been a leader in protecting the rights of its residents to due process of law. The Massachusetts Constitution’s due process clause was a model for that of the U.S. Constitution. Yet, regrettably, Massachusetts now lags behind in protecting these rights in the foreclosure process....
We urge Massachusetts to join with the over 20 other states that mandate judicial foreclosure in affording homeowners a fair hearing and the right to a day in court, in order to ensure that the law has been followed before they lose their homes. It is a matter of fundamental fairness to extend this basic protection to citizens.
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Tags: Massachusetts
Source: https://bostonbarjournal.com/2016/07/13/judicial-foreclosure-in-massachusetts-its-about-time/
Article by Boston Bar Journal, July 13, 2016

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.



Blasphemy is a Crime
"According to the argument…every act, however injurious or criminal, which can be committed by the use of language may be committed…if such language is printed. Not only therefore would the article in question become a general license for scandal, calumny and falsehood against individuals, institutions and governments, in the form of publication…but all incitation to treason, assassination, and all other crimes however atrocious, if conveyed in printed language, would be dispunishable.[!].
[The statute, on which the question arises] ‘That if any person shall willfully blaspheme the holy name of God, by denying, cursing, or contumeliously reproaching God, his creation, government, or final judging of the world,’ &….
            In general, blasphemy [libel against God] may be described, as consisting in speaking evil of the Deity…to alienate the minds of others from the love and reverence of God. It is purposely using words concerning God…to impair and destroy the reverence, respect, and confidence due him….
            It is a willful and malicious attempt to lessen men’s reverence of God by denying his existence, of his attributes as an intelligent creator, governor and judge of men, and to prevent their having confidence in him….
            But another ground for arresting the judgement , and one apparently most relied on and urged by the defendant, is, that this statute itself is repugnant to the constitution…and therefore wholly void….
            [This law] was passed very soon after the adoption of the constitution, and no doubt, many members of the convention which framed the constitution, were members of the legislature which passed this law….
            In New Hampshire, the constitution of which State has a similar declaration of [religious] rights, the open denial of the being and existence of God or of the Supreme Being is prohibited by statute, and declared to be blasphemy.
            In Vermont, with similar declaration of rights, a statute was passed in 1797, by which it was enacted, that if any person shall publicly deny the being and existence of God or the Supreme Being, or shall contumeliously reproach his providence and government, he shall be deemed a disturber of the peace and tranquility of the State, and an offender against the good morals and manners of society, and shall be punishable by fine….
            The State of Maine also, having adopted the same constitutional provision with that of Massachusetts, in her declaration of rights, in respect to religious freedom, immediately after the adoption of the constitution reenacted, the Massachusetts statue against blasphemy….
            In New York the universal toleration of all religious professions and sentiments, is secured in the most ample manner. It is declared in the constitution…that the free exercise and enjoyment of religious worship, without discrimination or preference, shall for ever be allowed in this state to all mankind….
            Notwithstanding this constitution declaration carrying the doctrine of unlimited toleration as far as the peace and safety of any community will allow, the courts have decided that blasphemy was a crime at common law and was not abrogated by the constitution [People v. Ruggles].
[The First Amendment] embraces all who believe in the existence of  God, as well…as Christians of every denomination….This provision does not extend to atheists, because they do not believe in God or religion; and therefore…their sentiments and professions, whatever they may be, cannot be called religious sentiments and professions".

Commonwealth v. Abner Kneeland, 37 Mass. (20 Pick) 206, 216-217 1838
 
Tags: Massachusetts
Source: Commonwealth v. Abner Kneeland, 37 Mass. (20 Pick) 206, 216-217 1838





Have you read an article in your local paper that exposes fraud, abuse, or corruption? Send it to us! We want to help save Massachusetts homes.