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FEDERAL NATIONAL MORTGAGE ASSOCIATION v. HENDRICKS

SJC-11234.

463 Mass. 635 (2012)

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. OLIVER HENDRICKS.

Supreme Judicial Court of Massachusetts, Suffolk.

October 26, 2012.

Attorney(s) appearing for the Case

Timothy Visser ( Andrea Park & H. Esme Caramello with him) for the defendant.

Matthew Kane ( Donn A. Randall with him) for the plaintiff.

Lawrence F. Scofield & Jeana K. Reinbold , for Real Estate Bar Association for Massachusetts, Inc., & another, amici curiae, submitted a brief.

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

SPINA, J.

The sole issue in this appeal is whether an uncontroverted affidavit attesting to the statutory form "Affidavit of Sale under Power of Sale in Mortgage," G. L. c. 183, § 8, & Appendix Form 12 (statutory form), is sufficient to show compliance with the power of sale for the purpose of establishing the right of possession by motion for summary judgment in a summary process action. We conclude that it is...

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