Wallace v. PNC Bank, N.A. (Lawyers Weekly No. 10-010-18)
Extraordinary relief unavailable where petitioner has adequate alternative remedies, including ordinary appeal after posting bond or appeal of bond denial after accepting dismissal.
Bank
U.S. Bank, National Association, v. Milan, et al. (Lawyers Weekly No. 11-149-17)
Bank foreclosed on mortgage, brought summary process to remove occupants. Defendants' defense based on notice defect was raised only after Supreme Judicial Court decision establishing that defense.
Ressler v. Deutsche Bank Trust Company Americas, et al. (Lawyers Weekly No. 11-148-17)
Borrower lacks standing to challenge mortgage assignment based on alleged violation of pooling and servicing agreement; borrower is not party to or beneficiary of trust agreement.
Wells Fargo Bank, N.A. v. Comeau (Lawyers Weekly No. 11-143-17)
Bank cannot use equitable subrogation to impose on surviving spouse an obligation to pay husband's refinanced mortgage when she was neither party to the note nor the new mortgage.
Valente v. TB Bank, N.A. (Lawyers Weekly No. 11-117-17)
Bank customer cannot sue for negligence over forged checks if notice not given within one year of account statement under UCC.
Strawbridge v. The Bank of New York Mellon (Lawyers Weekly No. 11-093-17)
Bank properly foreclosed when it held both mortgage and note through valid assignment from MERS and complied with statutory requirements.
McEvoy v. Savings Bank Life Insurance Co. of Massachusetts (Lawyers Weekly No. 12-084-17)
Superior Court denies preliminary injunction to stop policyholder vote on converting stock life insurance company to mutual company owned by policyholders.
Brady, et al. v. Citizens Union Savings Bank, et al. (Lawyers Weekly No. 11-025-17)
Court affirms fee award to trustees defending litigation brought by beneficiary, rejecting arguments that fees were unreasonable or excessive relative to trust assets.
Turra v. Deutsche Bank Trust Company Americas, trustee, et al. (Lawyers Weekly No. 10-020-17)
Mortgagee's failure to notify tax assessor and utilities after foreclosure under General Laws chapter 244, section 15A does not render foreclosure void.
Massachusetts Insurers Insolvency Fund v. Berkshire Bank (Lawyers Weekly No. 10-174-16)
Fund may recover workers' compensation benefits from high net worth insured employers, reversing Superior Court decision that statutory language precluded recovery.