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May 062014
 

Background: Mortgagee filed summary process action seeking to evict mortgagor following foreclosure sale of mortgaged property. The Housing Court Department, Worcester County Division, Timothy F. Sullivan, J., entered judgment in favor of mortgagee, and mortgagor appealed.

Holding: After transferring the case on its own initiative from the Appeals Court, the Supreme Judicial Court, Spina, J., held that mortgagee’s conduct, providing mortgagor with deficient notice of 90-day right to cure default, did not affect validity of fore-closure sale.

READ DECISION ANALYSIS HERE