Real Estate Transactions By Gilles Baillargeon: Court Rules & Pleadings

(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage
(b) Delegated Claim for Relief. If a claimant has been delegated the authority to institute a mortgage foreclosure
(c) Possession of Original Promissory Note. If the claimant is in possession of the original promissory note
(d) Lost, Destroyed, or Stolen Instrument. If the claimant seeks to enforce a lost, destroyed, or stolen instrument
(e) Verification. When filing an action for foreclosure on a mortgage for residential real property the claim for relief shall be verified by the claimant

This Note analyzes the rules regarding forum and venue, identifies pre-suit notice requirements, and explains how to investigate claims, formulate legal theories, and name the proper parties. This Note also identifies ethical issues associated with conflicts, fee agreements, and retainers.

In particular, this Note addresses COVID-19 orders affecting state-wide practice generally, as well as procedural modifications affecting proceedings (for example, trials, hearings, mediations, and oral argument), health and safety protocols, the use of technology, and case management and resolution.

This Note describes how counsel properly file an action electronically and in paper format. It also sets out the steps that counsel must take when serving process on an individual or corporate defendant, either by personal service, substitute service, or service by publication, how counsel prepares proof of service (also known as a return-of-service), how counsel serves defendants located in other US states or foreign countries, and how counsel may request a waiver of service by mail.