NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision andare superseded by the advance sheets and bound volumes of the Official Reports. Thispreliminary material will be removed from the Web site once the advance sheets of the OfficialReports are published. If you find a typographical error or other formal error, please notify theReporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square,Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.usHenrietta EATON
FEDERAL NATIONAL MORTGAGE ASSOCIATION & another. [FN1]SJC-11041.October 3, 2011. - June 22, 2012.
Foreclosure, Assignment, Real estate.
Mortgage, Record title, Sale.
Foreclosure of mortgage.
Preliminary injunction, Summary process.
Summary Process. Statute,
"Mortgagee."CIVIL ACTION commenced in the Superior Court Department on April 8, 2011.A motion for a preliminary injunction was heard by
Frances A. McIntyre,
J.A petition for interlocutory review pursuant to G.L. c. 231, § 118, first par., was considered inthe Appeals Court by
Judd J. Carhart,
J., and a decision denying the petition was reported byhim to a panel of that court.The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.
Richard E. Briansky
Joseph P. Calandrelli
with him) for the defendants.
David A. Grossman & H. Esme Caramello
with him) for the plaintiff.The following submitted briefs for amici curiae:
Adam J. Levitin,
Max Weinstein, Stuart Rossman, & Paul Collier
for WilmerHale Legal Services Center & others.
Diane C. Tillotson, Robert J. Moriarty, Jr., & Thomas O. Moriarty
for Real Estate BarAssociation & another.
John L. O'Brien, Jr.,
Steven A. Ablitt & James L. Rogal
for Ablitt Scofield, P.C.