ABATE v. FREMONT INVESTMENT & LOAN

No. SJC-11638.

470 Mass. 821 (2015)

THOMAS C. ABATE v. FREMONT INVESTMENT & LOAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 2015.


Attorney(s) appearing for the Case

Thomas B. Vawter for the petitioner.

James L. Rogal for Deutsche Bank National Trust Company & another.

Robert M. Brochin for Mortgage Electronic Registration Systems, Inc.

James P. Long, pro se, amicus curiae, submitted a brief.

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


In this appeal, we determine whether a respondent in a try title action brought pursuant to G. L. c. 240, §§ 1-5, may test the substantive merits of a petitioner's claims in the "first step" of such an action. The issue arises because the try title statute, in keeping with its purpose to allow a person holding record title to...

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