Posts tagged "1114317"

Wells Fargo Bank, N.A. v. Comeau (Lawyers Weekly No. 11-143-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   16-P-335                                        Appeals Court   WELLS FARGO BANK, N.A., trustee,[1]  vs.  NANCY P. COMEAU.     No. 16-P-335.   Essex.     November 3, 2016. – November 15, 2017.   Present:  Agnes, Blake, & Desmond, JJ.     Subrogation.  Mortgage, Priority.  Real Property, Mortgage.       Civil action commenced in the Superior Court Department on June 17, 2013.   The case was heard by Timothy Q. Feeley, J., on motions for summary judgment.     Andrew S. Lee for the plaintiff. Gregory N. Eaton for the defendant.     AGNES, J.  Where, as in this case, the doctrine of equitable subrogation is invoked by a mortgagee, it usually refers to a situation in which that party claims that because it has paid the obligation of another person or entity, it is entitled to be put into the shoes of the party it has paid in order to recover from the person or entity that had the obligation.[2]  In the present case, on the other hand, the plaintiff, Wells Fargo Bank, N.A., as trustee for WAMU Mortgage Pass Through Certificates Series 2005-PR2 Trust (Wells Fargo), asks us to employ the doctrine of equitable subrogation to impose on a surviving spouse an obligation to pay the balance of a note that her deceased husband was obligated to pay when he refinanced their home in circumstances in which the surviving spouse was a party to neither the note nor the accompanying mortgage.  For the reasons that follow, we reject this novel argument as fundamentally at odds with the framework established by the Supreme Judicial Court in East Boston Sav. Bank v. Ogan, 428 Mass. 327 (1998). Background.  Nancy P. Comeau (Nancy) and her husband, William L. Comeau (William),[3] owned a residence as tenants by the entirety in Groveland (locus), which, as of September 22, 2003, was encumbered by a mortgage to the Haverhill Co-Operative Bank (Haverhill) in the amount of $ 150,000.  Both William and Nancy were mortgagors-grantors on that mortgage to Haverhill, but Nancy was not a signatory to the note.  There is no evidence that Nancy represented, directly or indirectly, that she was bound by the terms of the note.  Two years later, in 2005, William refinanced the 2003 loan by executing a note in his name only to Washington Mutual Bank, F.A. (Washington Mutual), in the amount of $ 300,000 secured […]


Posted by Massachusetts Legal Resources - November 15, 2017 at 4:26 pm

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