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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)

Full Text

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A copy of the notice placed in the newspaper is in the record, but the date is illegible. MERS as “nominee” noticed the foreclosure in the newspaper. In its appellate brief, the Bank of New York (BNY) included a copy of an affidavit from MERS as “nominee,” which states that MERS as “nominee” provided notice of the foreclosure to Bailey via certified mail. The affidavit was not included in the summary judgment record that was before the motion judge, and we do not consider it in our analysis on appeal. See Tetrault v. Mahoney, Hawkes & Goldings, 425 Mass. 456, 458-459 (1997); note 13, infra. 5 The notice was not included in the record. 6