We are in the summer doldrums in terms of issuance of decisions, but an interesting Order came down dated yesterday and appearing today on the First Circuit’s website – Thompson v. JP Morgan Chase, NA, No. 18-1559 (1st Circ., July 29, 2019).
The Order certifies a question to the Massachusetts SJC on an issue of state mortgage law. The matter was initially heard before Judges Thompson, Boudin and Kayatta (query why they are listed in that order in the Order when Judge Boudin is a senior judge). In that decision, the panel ruled in favor of the plaintiffs and said the bank could not foreclose, based on a purportedly inaccurate foreclosure notice. The bank filed a petition for rehearing and rehearing en banc “claiming for the first time” (oops!) that a state banking regulation required it to use the precise language in the notice. The Order characterizes this position as “debatable” and that normally it would let the decision stand,