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GALIASTRO v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

SJC-11299

467 Mass. 160 (2014)

ANNE-MARIE GALIASTRO & another v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., & another.

Supreme Judicial Court of Massachusetts, Worcester.

February 13, 2014.

Attorney(s) appearing for the Case

Glenn F. Russell, Jr. , for the plaintiffs.

Robert M. Brochin ( Todd S. Holbrook with him) for Mortgage Electronic Registration Systems, Inc.

Nathalie K. Salomon for Harmon Law Offices, P.C.

Grace C. Ross, pro se, amicus curiae, submitted a brief.

Geoffry Walsh , for National Consumer Law Center, amicus curiae, submitted a brief.

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

DUFFLY, J.

We address in this case whether the plaintiffs and others who had appeals pending in the Appeals Court when we decided Eaton v. Federal Nat'l Mtge. Ass'n, 462 Mass. 569, 569 (2012) (Eaton), may pursue claims seeking to invalidate foreclosure proceedings based on our decision in that case.3 We held in Eaton that a foreclosure by power of sale pursuant to G. L. c. 183, ...

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