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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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Mass. 51, 53 (1937) (in summary process action available to purchaser at foreclosure sale “it is incumbent upon such purchaser to establish his right of possession. The legal title in those circumstances plainly may be put in issue”). We have upheld that principle as recently as 1966, when we said, “The purpose of summary process is to enable the holder of the legal title to gain possession of premises wrongfully withheld. Right to possession must be shown and legal title may be put in issue. . . . Legal title is established in summary process by proof that the title was acquired strictly according to the power of sale provided in the mortgage; and that alone is subject to challenge.” Wayne Inv. Corp. v. Abbott, 350 Mass. 775, 775 (1966), citing Sheehan Constr. Co. v. Dudley, supra, and New England Mut. Life Ins. Co. v. Wing, supra.