Sovereign Bank v. Diviacchi

Attorney Valeriano Diviacchi represented Camilla Warrender in an action brought against Warrender by her mortgagee, Sovereign Bank, which sought to collect on a loan secured by certain real property. Shortly after Diviacchi entered his appearance, Warrender, without Diviacchi’s assistance, agreed to a settlement pursuant to a stipulation that Warrender’s property be sold to a third party. Diviacchi filed a notice of attorney’s lien pursuant to Mass. Gen. Laws ch. 221, 50 (section 50). The property was subsequently sold to a third-party, and Sovereign Bank dismissed its claims against Warrender. The district court denied the motion to enforce the attorney’s lien, concluding that the lien was not enforceable under section 50 because Diviacchi “failed to make a showing that he incurred reasonable fees and expenses….” The First Circuit affirmed, holding that Diviacchi’s lien was not legally enforceable against the sale proceeds. View "Sovereign Bank v. Diviacchi" on Justia Law