Posts tagged "1106017"

Federal National Mortgage Association v. Gordon, et al. (Lawyers Weekly No. 11-060-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   15-P-441                                        Appeals Court   FEDERAL NATIONAL MORTGAGE ASSOCIATION  vs.  HEATHER GORDON & another.[1]     No. 15-P-441.   Suffolk.     March 8, 2016. – May 17, 2017.   Present:  Hanlon, Sullivan, & Massing, JJ.     Trespass.  Real Property, Trespass, Mortgage, Lease.  Mortgage, Foreclosure.  Landlord and Tenant, Control of premises.  Housing Court, Jurisdiction.  Jurisdiction, Housing Court.  Summary Process.  Practice, Civil, Summary judgment, Summary process.       Civil action commenced in the City of Boston Division of the Housing Court Department on June 24, 2013.   The case was heard by MaryLou Muirhead, J., on a motion for summary judgment.     Thomas B. Vawter for the defendants. Danielle C. Gaudreau (Thomas J. Santolucito also present) for the plaintiff.     HANLON, J.  The defendants in this trespass action, Heather Gordon and her granddaughter, Kaire Holman, challenge the validity of a judgment for possession entered by the Housing Court in favor of the plaintiff, the Federal National Mortgage Association (Fannie Mae), on its motion for summary judgment.  Fannie Mae claims ownership, through foreclosure, of the residential condominium at issue, known as Unit 2 at 7 Valentine Street, in the Roxbury section of Boston (the property).  Gordon claims that she and Holman occupy the property pursuant to a lease from Carolyn Grant, who held record title to the condominium as a joint tenant with Gilbert R. Emery prior to the foreclosure.  The lease on which Gordon and Holman rely, however, is dated after both (i) the date of the foreclosure, and (ii) the date on which Fannie Mae began a summary process action against Emery, Grant, and another occupant[2] to obtain possession of the property. When Fannie Mae learned that Gordon and others had moved into the property as ostensible lessees, Fannie Mae brought a new action (separate from the summary process case) for common law trespass, which is the case now before us.[3] After review, we reverse the final judgment, holding as follows:  (i) the Housing Court has jurisdiction pursuant to G. L. c. 185C, § 3, to hear trespass claims; (ii) the teaching of Attorney Gen. v. Dime Sav. Bank of N.Y., FSB, 413 Mass. 284, 288 (1992) (Dime Savings), with respect to whether G. L. c. 184, § 18, bars trespass actions by postforeclosure owners against tenants with actual possession, applies with equal force in the circumstances of this case; and (iii) the summary judgment record does […]


Posted by Massachusetts Legal Resources - May 17, 2017 at 3:58 pm

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