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Page 10 POST-GAZETTE, SEPTEMBER 30, 2011 "LEGAL Interest .IP David J. Saliba ] I Attorney at Law ] Sale at forecloser by the bank for less than the value of the house. LEANDRO M. PITTOL v. WELLS FARGO BANK, N.A., FEDERAL HOME LOAN MORTGAGE CORPORATION, and FEDERAL HOUSING FINANCE AGENCY 10 MISC 429205 MASSACHUSETTS LAND COURT 19 LCR 81; 2011 Mass. LCR LEXIS 44 March 1, 2011, Decided The bank loans you the money to buy a house. You give the bank a mortgage and later you don't pay on the loan. At the fore- close sale, the bank buys the house for the balance of the loan. The homeowner claims the bank paid less than the fair market value of the house. Homeowner claims he is entitled to the difference between the forecloser sale price and the value of the house. The court said: Unjust Enrichment Finally, Plaintiff alleges that Defendants were unjustly enriched because they real- ized the fruits of substantial improvements that he made to the Property which in- creased its value in excess of the amount of the original and foreclosure costs. As evi- dence of this unjust enrichment, Plaintiff relies on an estimate that he obtained from www.zillow.com,, which estimates the value of Property as $334,000. Plaintiff has not of- fered any evidence of specific improvements that he made to the Property prior to the foreclosure sale which would account for this increase in value. In claims of bad faith or commercial un- reasonableness, a showing of inadequate price alone will not invalidate a sale. In fact, "a mortgagee is permitted to buy the collat- eral at a foreclosure [*83] sale as 'cheaply' as it can." As pointed out by Defendants, in Resolution Trust Corp. v. Carr, the court determined that a price deficiency of as much as 39% of the fair market value could justify the grant of a dispositive motion in favor of the mortgagee. Faced with this, Plaintiff argues that in this case there is a difference of well over 100%, which itself shows that the Defendants were unjustly enriched. Unfortunately, Plaintiffs calcula- tions are incorrect. The purchase price of $160,900 is 48% of the alleged fair market value of $334,000. Even if I were to assume that Plaintiffs calculations were correct, the price is not the sole consideration. Here the basis for the parties' expectations is the mortgage that Plaintiff executed in favor of Wells Fargo. That mortgage does not contain any provision that could in any way be interpreted to provide the Plaintiff with the difference between the purchase price of the Property and its fair market value at the time of a foreclosure sale. The foreclosure sale was properly con- ducted by Wells Fargo. This case says that the bank can bid for the balance of the loan even if it's less than the value of the house. Talk of Many Things (Continued from Page 14) St. Anthony's Shrine located on Arch Street in Downtown Boston on Sunday, Octo- ber 2, your pet can receive the traditional Franciscan Blessing of the Animals. Father Jim Kelly, OFM, will give the General Blessing followed by individual bless- ings for each animal by name. Also, for dog owners, there will be a lively discus- sion on the topic, "Will I see my dog in heaven?" It will be held on Thursday, Septem- ber 29 at the Shrine at 5:30 pm. HAPPY BIRTHDAY MARY Happy birthday greetings go out to Mary Foley, one of Eastie's best candlepin bowlers of all time. She's well-known at the Sacred Heart Church as an avid never-say-die Red Sex fan. She doesn't remember Babe Ruth and the founding of the Curse of the Bambino but other than that she's a walking encyclopedia when it comes to Red Sex Nation. MEET THE CHAMP Tony DeMarco will be sign- ing his autobiography on Saturday, October 8 from 2:00 pm to 6:00 pm at the corner of Fleet Street in front of Hanover Liquors. Stop by, say hi and buy your personally signed copy from the "Flame and Fury" himself: ANNUAL BLF-,SSING ' OF ANIMALS In honor of the Feast of St. Francis of Assisi, the Blessing of the Animals will be at the Sacred Heart Par- ish in East Boston on Tues- day, October 4 at 6:00 pm in the parking lot. GREEK FESTIVAL COMING TO ROSLINDALE The annual Greek Festi- val is coming to Roslindale Square at St. Nectarios Greek Orthodox Church on Friday, Saturday and Sun- day, October 7-9, 201 I. There will be live Greek music, dancing and food. It's free admission, noon to mid- night all three days. Lee Upsets Lineham (Continued from Page 2) said, "People believed in me. They believed in my mes- sage. People are looking for someone who is going to work hard and be respon- sive." O'Toole said, "The numbers are showing we had support throughout the whole district. A big portion of Ward 16 was split. Those votes are to be had." The campaigns will now continue toward the Novem- ber elections. Both districts will have competitive races for those district council seats. The races in District 2 and District 3 are back at the starting gate again. Meanwhile, over in Dis- trict 7, City Councilor Tito Jackson ran away with the preliminary vote picking up 76 percent of the vote. He will now face off against Sheneal Parker who picked up 11.1 percent of the vote. If you haven't registered to vote, now is the time to get back in the game. Register to vote today and don't for- get to go to the polls in November. PRAYER TO ST. JUDE May the Sacred Heart of Jesus be adored, glorified, loved and pre- served throughout the world now and forever. Sacred Heart of Jesus pray for us. St. Jude, worker of miracles, pray for us. St. Jude, help of the hopeless, pray for us. Say this prayer 9 times a day and by the 8th day your prayers will be answered. It has never been known to fail. Pubtication must be promised. My prayers have been answered. A.lr.P. ST. JUDE AND ST. ANTHONY NOVENA May the Sacred Heart of Jesus be adored, glorified, loved and preserved throughout the world now and for- ever. Sacred Heart of Jesus pray for us. St. Jude, worker of miracles, pray for us. St. Jude, help of the hopeless, pray for us. St. Anthony, most loving protector and wonder worker, pray for us. Say this prayer 9 times.a day and by the 8th day your prayer will be answered. It has never been known to fail. Publication must be promised. My prayers have been answered. Favor received. V.F. ST. JUDE AND ST. ANTHONY NOVENA May the Sacred Heart of Jesus be adored, glorified, loved and preserved throughout the world now and for- ever. Sacred Heart of Jesus pray for us. St. Jude, worker of miracles, pray for us. St. Jude, help of the hopeless, pray for us. St. Anthony, most loving protector and wonder worker, pray for us. Say this prayer 9 times a day and by the 8th day your prayer will be answered. It has never been known to fail. Publication must be promised. My prayers have been answered. Favor received. A.T.P. .... by bob morello Fac ax i:iiiiiiilzi!ziil !!iii!iii i reviewing the best ,:!  forgetting the rest RED HOT CHILI PEPPERS m I'M WITH YOU Warner Bros. The Red Hot Chili Peppers offer up their i0 th album, "I'm With You," their first new album since "Stadium Arcadium" (2006). Vocalist Anthony Kiedis, drummer Chad Smith, bass player Flea and guitarist Josh Klinghoffer comprise one of the most successful groups in rock music, having sold over 60 million albums and winning six Grammys. "I'm With You" hit the top of Billboard's Alternative chart with the album's first single "The Adventures of Rain Dance Maggie." Sounding fresh and as hot as their name implies, the Peppers do justice to the 14 original tunes they penned, opening with the funk and hard rock of "Monarchy of Roses" followed by the funk of "Factory of Faith," a sad song for late friend Brendan Mullen, "Brendan's Death Song," the productive "Annie Wants a Baby" and the questioning "Did I Let You Know." The explosive "Goodbye Hooray" rocks the moment, trailed by the arresting "Police Station," the piano gem "Even You Brutus," the confusion of "Meet Me At the Comer," putting the final touch on this super collection with the energetic "Dance, Dance, Dance." BOARDWALK EMPIRE VOLUME 1 J MUSIC FROM HBO SERIES Elektra Prohibition is in full swing on Boardwalk Empire, and the music is from the 1920s, with gems re-recorded by top contemporary artists. New York jazz band Vince Giordano and The Night- hawks are regulars on the show and do their thing on five modern-day versions of era songs: "Livery Stable Blues," "Darktown Strutters Ball," "Mournin' BlueS," "Margie" and "Japanese Sandman." In the show, Stephen DeRosa portrays vaudeville star Eddie Cantor and delivers "The Dumber They Come The Better I Like 'Era" written by Cantor and George M. Cohan's "Life Is a Funny Proposition After All." Regina Spektor shines on "My Man," while Catherine Russell wails "Crazy Blues," and Kathy Brier's "hat trick" of songs provide pleasure via "Some of These Days," "After You Get What You Want" and "Don't Put a Tax on Beauti- ful Girls." The Wainwright's double up with Loudon's "Carrickfergus" and Martha's "All By Myself." Rounding out the tracks is Nellie McKay's "Wild Romantic Blues" and Leon Redbone's "The Sheik of Araby." Music that brings authenticity to the exciting show! MUPPETS: THE GREEN ALBUM Walt Disney Records Proving it is "easy to be green," the Muppets' dozen of fan favorites is re-inter- preted by some of today's hottest artists. Favorites have "Muppet Show Theme Song" by the award-winning quartet OK Go; plus "Rainbow Connection" from Weezer and Hayley Williams; "Mahna Mahna" (The Fray); "Movin' Right Along" (Alka- line Trio); "Our World" (My Morning Jacket); the classic "Mr. Bassman" by Norway's Sondre Lerche and Evanescence's Amy Lee with "Halfway Down The Stairs." Second half happen- ings have "Wishing Song" (The' Airborne Toxic), "Night Life" done rock style by Brandon Sailer of Atreyu and Billy Martin, while solo artist contributions in- clude Andrew Bird with the all-time great "Bein' Green," Matt Nathanson performs "I Hope That Something Better Comes Along" and Rachael Yamagata ends it all with the tender ballad "I'm Going To Go Back There Someday." This is just a taste of the memorable tunes that are great for the ears and "green" for the environment! JOSE CONDE PiPiKi Combine Cuban heritage with a Miami upbringing and New York's Latin under- ground and you get Jos6 C6nde, singer songwriter extraordinaire! C6nde's self- titled album is a mix of catchy melodies and dance- able rhythms with universal appeal. Pick your favorites from tracks as the infectious "Amor Y Felicidad," the solid bass groove of "Matapalo Matamusa," the crazy capers of his dog "Gordito Cabezon," the smooth tango "El Vestido," flying high with "El Avion" and the rhythmic "El Manantial." Cdnde dipped into Brooklyn's melting pot to surround himself with the right groove players needed to create his unique sound. Additional enjoyment on the pretty "Silenciosa Maravilla," followed by the gentle samba "Mabel," in both Spanish and Portu- guese versions, the humor of "Elefante en Hotel" and the haunting "Mujer." Catch C6nde at Cambridge's Regatta Bar on Tuesday, No- vember I st -- shows 7:30 pm and 10:00 pm. knl Remember Your LovedOnes -: j/- The Post-Gazette r r accepts memorials throughout '11 the year WWW.BOSTONPOSTGAZETTE.C()M