Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (Massachusetts)

The legal template titled "Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) (Foreclosures) (Massachusetts) under USA law" refers to a document used in the state of Massachusetts for the purpose of validating the authority of a party involved in a foreclosure sale.

Specifically, this template affidavit is relevant to foreclosure cases in Massachusetts and takes its name from the landmark Supreme Judicial Court decision in Eaton v. Federal National Mortgage Association. The Eaton case laid out new requirements regarding the foreclosing party's ownership and authority to foreclose upon a mortgage.

The affidavit serves as a sworn statement provided by the foreclosing party or their representative, typically the mortgage holder or the current servicer, to certify that they possess the proper authority to initiate and proceed with the foreclosure process. By submitting this affidavit during the foreclosure proceedings, the foreclosing party is affirming their compliance with the requirements set forth in the Eaton case.

It is crucial for legal entities involved in foreclosures to adhere to these guidelines to ensure a lawful and valid foreclosure sale. The Affidavit of Continuing Authority at Time of Sale (Eaton Affidavit) template provides a standardized framework that allows the foreclosing party to formally declare their authority, thereby providing transparency and protection for all parties involved in the foreclosure process.