HEARD: September 8, 2015.
Summary process. Complaint filed in the Attleboro Division of the District Court Department on September 1, 2011.
After transfer to the Southeastern Division of the Housing Court Department, the case was heard by Anne Kenney Chaplin, J., on motions for summary judgment.
Thomas B. Vawter for the defendant.
David A. Marsocci for the plaintiff.
Present: Kafker, C.J., Trainor, & Massing, JJ.
The defendant, Ian B. Anderson, former homeowner of property located in Norton and holdover in possession after the bank foreclosed, appeals from a Housing Court judgment granting possession of his former home to plaintiff Wells Fargo Bank, N.A. (bank). Anderson argues that the judge erroneously granted summary judgment to the bank. He argues that the judge incorrectly interpreted G. L. c. 183, § 54B, by allowing the bank to rely on certain documents without the need to further substantiate their validity, and that the judge's interpretation of G. L. c. 183, § 54B, violated his due process rights.
The following facts are undisputed and are taken from the judge's
memorandum of decision on the parties' cross motions for summary judgment and
the summary judgment record.
On June 20, 2005, Anderson executed a promissory note and a mortgage in favor of Option One Mortgage Corporation (Option One) using the property as collateral. The mortgage was recorded in the Bristol County registry of deeds, northern district (Bristol registry) .
On January 2, 2009, Option One assigned Anderson's mortgage to the bank. The assignment of mortgage was recorded in the Bristol registry and included an effective date of August 14, 2007.
On October 15, 2010, Sand Canyon Corporation (Sand Canyon), formerly known as Option One, assigned Anderson's mortgage to the bank. The assignment of mortgage was recorded in the Bristol registry.
After a default by Anderson, the bank through its loan servicer, American Home Mortgage Servicing, Inc., initiated an action in the Land Court on October 25, 2010 under the Servicemembers Civil Relief Act. Judgment entered in favor of the bank and it proceeded with the sale of the property in accordance with the mortgage. On May 5, 2011, the bank was the highest bidder at the foreclosure auction. On August 13, 2011, a ...