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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bank of New York v. Bailey, 460 Mass. 327 (2011)

Citation
Bank of New York v. Bailey, 460 Mass. 327 (2011)
Parent Document
Bank of New York v. Bailey, 460 Mass. 327 (2011)
Jurisdiction
Massachusetts (state)
Effective Date
2011-08-04

Other Sections in This Document (68)

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458 Mass. 637, 646 (2011). In its motion for summary judgment, BNY argued that the Housing Court lacked jurisdiction to address the claim raised by Bailey’s defense, and that it had made out a prima facie claim for superior possession by virtue of the deed, a copy of which was attached to the complaint. The motion judge agreed; she allowed BNY’s motion, and entered summary judgment in favor of BNY. Báiley appealed from that judgment and we transferred the case to this court on our own motion. Because we conclude that the Housing Court has jurisdiction to consider the validity of the plaintiff’s title as a defense to a summary process action after a foreclosure sale pursuant to G. L. c. 239, § 1, we vacate the allowance of summary judgment and remand for further proceedings. 1. Background and prior proceedings.