BEVILACQUA v. RODRIGUEZ

SJC-10880.

460 Mass. 762 (2011)

FRANCIS J. BEVILACQUA, THIRD v. PABLO RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

October 18, 2011.


Attorney(s) appearing for the Case

Jeffrey B. Loeb ( David Glod with him) for the plaintiff.

Richard A. Oetheimer ( Natalie F. Langlois with him) for Mortgage Bankers Association.

Max Weinstein ( Paul R. Collier, III , with him) for Wilmer-Hale Legal Services Center of Harvard Law School.

John M. Stephan & Amber Anderson Villa , Assistant Attorneys General, for the Commonwealth.

The following submitted briefs for amici curiae:

Mark B. Johnson for American Land Title Association.

Adam J. Levitin , of the District of Columbia, Christopher L. Peterson , of Utah, John A.E. Pottow , of Michigan, & Katherine Porter , pro se.

Edward Rainen , Carrie B. Rainen , & Ward P. Graham for Massachusetts Association of Bank Counsel, Inc.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.


SPINA, J.

In this case we must determine whether a plaintiff has standing to maintain a try title action under G. L. c. 240, §§ 1-5, where he is in physical possession of real property but his chain of title rests on a foreclosure sale conducted by someone other than "the mortgagee or his executors, administrators, successors or assigns." G. L. c. 183, § 21 (statutory power of sale). See G. L. c. 244, § 14 (procedure for foreclosure under power...

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