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NIMS v. THE BANK OF NEW YORK MELLON

No. 19-P-179.

97 Mass. App. Ct. 123 (2020)

STEPHEN D. NIMS & another v. THE BANK OF NEW YORK MELLON, trustee, & another.

Appeals Court of Massachusetts, Worcester.

March 3, 2020.

Attorney(s) appearing for the Case

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

Connie Flores Jones , of Texas, for Bank of America, N.A.

Edward P. O'Leary , for The Bank of New York Mellon.

Present: WOLOHOJIAN, AGNES, & NEYMAN, JJ.

The obsolete mortgage statute, G. L. c. 260, § 33, provides that

"[a] power of sale in any mortgage of real estate shall not be exercised and an entry shall not be made nor possession taken nor proceeding begun for foreclosure of any such mortgage after the expiration of, in the case of a mortgage in which no term of...

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