Sean B. Cullen

Overview

Sean is a seasoned litigator with nearly twenty years of experience. He has a successful track record in state and federal court defending against claims for alleged violations of the Massachusetts Consumer Credit Cost Disclosure Act (MCCCDA), the Fair Debt Collections Practice Act (FDCPA), and the Real Estate Settlement Procedures Act (RESPA). Sean has represented secured creditors in title curative actions and bankruptcy proceedings, as well as in post-foreclosure summary process actions – many of which were heavily contested by former owners arguing the foreclosure sale was unlawfully conducted.

Sean also has a wide range of experience in general civil and business litigation, including representing homeowners and contractors in matters involving G.L. c. 142A and. G.L. c. 93A, as well as enforcing and dissolving mechanic’s liens under G.L. c. 254. In addition, Sean represents clients in corporate dissolution proceedings under G.L. c. 156D.

Sean’s practice also includes prosecuting and defending zoning appeals under G.L. c. 40A, and Section 11 of the Enabling Act.

Experience

Sean’s representative cases include:

• Obtained a dismissal of counterclaims and a favorable summary judgment ruling that the foreclosure sale was lawfully conducted and constituted a valid conveyance of the subject property (Federal National Mortgage Association v. Marnique T. Rivera, Berkshire Superior Court, Case No. 1776CV00222)
• Obtained summary judgment in a post-foreclosure summary process action that foreclosing owner was entitled to possession of the subject property (MTGLQ Investors, LP v. Keith Maxwell, Southeast Housing Court, Case No. 18H83SP0237)
• Obtained summary judgment in post-foreclosure summary process action that foreclosing owner was entitled to possession of subject property (MTGLQ Investors, LP v. Kenneth P. Gilchrist, Metro-South Housing Court, 18H82SP00895)
• Successfully argued summary judgment motion that subject mortgage was not obsolete under M.G.L. c. 260, s. 33 because a recorded loan modification executed by the borrowers constituted an extension or acknowledgment under M.G.L. 260, s. 34 (High Note Investments, LLC v. Raymond F. Edwards, Massachusetts Land Court, Case No. 20 MIS 000256)
• Successfully tried an unjust enrichment claim on behalf of an individual who provided substantial business services to a former partner during their romantic relationship (Kamel v. Amelina, Middlesex Superior Court, Case No. 2181CV00761)
• Resolved homeowners’ complaint against contractor (Braun, et al. v. Thomas J. O’Neill, Inc., et al., Barnstable Superior Court, Case No. 2372CV00146)
• Resolved homeowners’ complaint against abutting property owner for continuing trespass (Oglevee, et al. v. Green Acres Investments, LLC, Attleboro District Court, Case No. 2434CV000071)