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THE BANK OF NEW YORK MELLON CORP. v. WAIN

No. 13-P-101.

85 Mass. App. Ct. 498 (2014)

THE BANK OF NEW YORK MELLON CORP., trustee, v. DAVID WAIN & another.

Appeals Court of Massachusetts, Suffolk.

June 24, 2014.

Attorney(s) appearing for the Case

Jamie Ranney for the defendants.

David W. Merritt for the plaintiff.

Present: KAFKER, MILKEY, & HINES, JJ.

MILKEY, J.

David Wain and Donovan Kerr (collectively, the homeowners) owned property in Nantucket that was subject to a mortgage. The Bank of New York Mellon Corp. (bank) acquired that mortgage through an assignment from the original mortgagee. After the homeowners defaulted, the bank foreclosed and purchased the property at the foreclosure sale. The bank then filed an action to quiet title, and the homeowners filed counterclaims seeking to challenge the validity...

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