Heard: February 4, 2019.
Process. Complaint filed in the Northeast Division of the
Housing Court Department on February 16, 2017.
case was heard by Fairlie A. Dalton, J.; a motion for relief
from judgment was heard by David D. Kerman, J., and a motion
to reinstate the original judgment was also heard by him.
B. McArdle for the defendant.
Linehan for the plaintiff.
Present: Maldonado, Singh, & Wendlandt, JJ.
appeal concerns a Housing Court judge's (motion judge)
discretionary decision to allow, on a limited basis, a motion
for relief from judgment pursuant to Mass. R. Civ. P. 60 (b),
365 Mass. 828 (1974). Specifically, after a trial on the
merits, at which the defendant, Maria Bobadilla, appeared pro
se, judgment entered in favor of the plaintiff, Wells Fargo
Bank N.A. (Wells Fargo) on its summary process complaint
(original judgment). Bobadilla moved for relief from the
judgment on various grounds, including that a 2010 default
judgment entered in the Land Court (default judgment)
erroneously permitted Wells Fargo's predecessor in
interest to reform the mortgage to add her as comortgagor.
The motion judge allowed the motion for the limited purpose
of permitting Bobadilla the opportunity to bring a motion in
the Land Court to vacate the default judgment. After a Land
Court judge denied Bobadilla's motion to vacate and the
time to appeal had expired, the motion judge reentered
judgment in favor of Wells Fargo. Discerning no abuse of
discretion in the motion judge's decision to limit
reopening of the summary process action to the collateral
Land Court issue, we affirm.
and Carmelo Francisco acquired the subject property as
tenants by the entirety by quitclaim deed in 2004. In 2006,
Francisco executed a promissory note secured by a mortgage to
New Century Mortgage Corporation (New Century). Bobadilla was
not named on the mortgage. In 2007, Francisco defaulted on
the loan payments.
2010, New Century filed an action in the Land Court to reform
the mortgage to add Bobadilla as a comortgagor. Although
Bobadilla received notice of the Land Court action, she did
not appear. The default judgment entered, and the mortgage
was reformed to include Bobadilla as comortgagor. Bobadilla
did not appeal.
2012, New Century assigned the mortgage to Wells Fargo as
trustee for Carrington Mortgage Loan Trust Series 2006-NC2
Asset-Backed Pass-Through Certificates. In 2015, after
providing notice of the foreclosure sale, Wells Fargo
conducted a foreclosure sale, at which it was the highest
Fargo thereafter commenced the present summary process
action. Bobadilla received notice of the action,  and in
March 2017, a trial on the merits was held. Bobadilla and
Francisco testified at the trial and presented various
defenses. Wells Fargo relied on an affidavit of sale, as well
as the default judgment. Following the trial, a Housing Court
judge (trial judge) found the defenses raised to be without
merit, and the original judgment entered in favor of Wells
Bobadilla and Francisco obtained counsel and filed a motion
for relief from judgment. The motion judge (who was not the
trial judge) allowed the motion. The motion judge
subsequently clarified that the motion was allowed for the
limited purpose of permitting Bobadilla time to attempt to
vacate the default judgment. Consistent with that scope of
relief, Bobadilla filed a ...