Jacquelyn V. Fitzhugh v. Wells Fargo Bank, N.A., as Indenture Trustee for the Impac CMB Trust Series 2005-3

Introductory Statement Forum shopping and the “new federalism” is alive and well in Massachusetts. The favored forum of choice for the big bank, foreclosing mortgagees in the commonwealth is the U. S. district court and the U. S. Court of Appeals. This case provides a good explanation as to why that is. Although this case is but a pixel in the big picture of the corrupting influence of mega bank money and power in the Massachusetts courts, a close look at what’s going on in this case might answer questions we are afraid to ask. Questions: 1. When a federal court misinterprets and fails to apply a state statute consistent with state law, leading