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HSBC BANK USA, N.A. v. MORRIS

SJC-13191.

490 Mass. 322 (2022)

HSBC BANK USA, N.A., trustee, v. TOMMY L. MORRIS & another.

Supreme Judicial Court of Massachusetts, Plymouth.

July 22, 2022.

Attorney(s) appearing for the Case

Tommy L. Morris, pro se.

David F. Kiah for Mary L. Morris.

Christopher J. Williamson for the plaintiff.

The following submitted briefs for amici curiae:

Susan Ann Silverstein & Elizabeth A. Aniskevich , of the District of Columbia, & Joshua M. Daniels for AARP & others.

Maura Healey , Attorney General, & Matthew Lashof-Sullivan & Jane A. Sugarman , Assistant Attorneys General, for the Attorney General.

Grace C. Ross, pro se.

Paul R. Collier, III , for Joseph Cavaliere & another.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

This case requires us to determine whether, in connection with a summary process action brought by the assignee of a home mortgage loan to obtain possession following a nonjudicial foreclosure, a borrower may bring a counterclaim under § 15(b)(2) of the Predatory Home Loan Practices Act (PHLPA), G. L. c. 183C. We conclude that...

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