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U.S. BANK NATIONAL ASSOCIATION v. IBANEZ

No. SJC-10694.

458 Mass. 637 (2011)

U.S. BANK NATIONAL ASSOCIATION, trustee, v. ANTONIO IBANEZ (and a consolidated case, ).

Supreme Judicial Court of Massachusetts, Suffolk.

January 7, 2011.

Attorney(s) appearing for the Case

R. Bruce Allensworth ( Phoebe S. Winder & Robert W. Sparkes, III, with him) for U.S. Bank National Association & another.

Paul R. Collier, III ( Max W. Weinstein with him) for Antonio Ibanez.

Glenn F. Russell, Jr. , for Mark A. LaRace & another.

The following submitted briefs for amici curiae:

Martha Coakley , Attorney General, & John M. Stephan , Assistant Attorney General, for the Commonwealth.

Kevin Costello , Gary Klein , Shennan Kavanagh & Stuart Rossman for National Consumer Law Center & others.

Ward P. Graham & Robert J. Moriarty, Jr. , for Real Estate Bar Association for Massachusetts, Inc.

Marie McDonnell, pro se.

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

GANTS, J.

After foreclosing on two properties and purchasing the properties back at the foreclosure sales, U.S. Bank National Association (U.S. Bank), as trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-Z; and Wells Fargo Bank, N.A. (Wells Fargo), as trustee for ABFC 2005-OPT 1 Trust, ABFC Asset Backed Certificates, Series 2005-OPT 1 (plaintiffs), filed separate complaints in the Land Court asking a judge to declare...

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