Do I Have To Pay Property Inspection Fees: Massachusetts Bankruptcy Judge Boroff Slams Door On Junk Fees
By Andy Miofsky, Illinois Bankruptcy Attorney on Aug 6, 2007 in Bankruptcy Cases & Legislation, General Bankruptcy Information, Illinois, Lawyer to Lawyer, Massachusetts
Massachusetts debtors no longer pay real estate property inspection fees to Ameriquest, says Chief Judge Henry J. Boroff. In a ruling announced from the bench in the case of In re Cindy Darlene Waring, 06-40604, Judge Boroff said Ameriquest would no longer seek reimbursement of such fees. Judge Boroff made this statement to illustrate a point in a case involving a different mortgage servicer, Wilshire Credit Corporation. The Judge said he required evidence that property inspections actually occurred and were worthwhile before allowing a creditor to collect those fees. That short and serious statement from the Chief Judge implies that property inspections are not occurring and, when they do, they are unnecessary. Almost as remarkable is the immediate on-the-spot concession from Wilshire’s attorney, who told Judge Boroff “I think we could remove property inspection.” A copy of the official July 25, 2007 transcript can be ordered from GCI Transcription Services of Egg Harbor Township, NJ.
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