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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fannie Mae v. Branch (2024)

Citation
Fannie Mae v. Branch (2024)
Parent Document
Fannie Mae v. Branch (2024)
Jurisdiction
Massachusetts (state)
Effective Date
2024-07-12

Other Sections in This Document (296)

Full Text

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"There is no applicable statutory language suggesting that
     the Legislature intended to proscribe application of
     general agency principles in the context of mortgage
     foreclosure sales. Accordingly, we interpret G. L. c. 244,
     §§ 11–17C (and particularly § 14), and G. L. c. 183, § 21,
     to permit one who, although not the note holder himself,
     acts as the authorized agent of the note holder, to stand
     'in the shoes' of the 'mortgagee' as the term is used in
     these provisions." (Footnote omitted.) Id. at 586.   On the summary judgment record, Branch cannot contest that Pentagon was the authorized agent of the note