(Download) "Stanley Danielczuk & Others v. Ronald J" by Appeals Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Stanley Danielczuk & Others v. Ronald J
- Author : Appeals Court of Massachusetts
- Release Date : January 04, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1. The affidavits and the pleadings clearly set forth a genuine issue of material fact (Young v. Reed, 6 Mass. App. Ct. 18, 19 [1978]) as to the circumstances of the mortgagee's representative's failure, prior to a foreclosure sale, to keep a promised rendezvous with the alleged representative of a junior lienor who was prepared to bid an amount in excess of the sum realized at the foreclosure sale. The reasons for the meeting's nonoccurrence are disputed and are material to the question of the good faith and reasonable diligence of the mortgagee in the conduct of the foreclosure sale. See Bon v. Graves, 216 Mass. 440, 446 (1914); Kavolsky v. Kaufman, 273 Mass. 418, 422-423 (1930); Krassin v. Moskowitz, 275 Mass. 80, 82 (1931); Sandler v. Silk, 292 Mass. 493, 496 (1935). Compare DesLauries v. Shea, 300 Mass. 30, 34 (1938); Sher v. South Shore Natl. Bank, 360 Mass. 400, 401-403 (1971). Ferioli's motion for summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), was erroneously allowed. 2. As to the defendant Dunn, the amended complaint clearly stated facts which would show that he was the purchaser of the property at the foreclosure sale and that he later took title to the property with full awareness of the plaintiffs' existing action to set aside the mortgage sale, based, among other things, on a claim of the mortgagee's lack of good faith or diligence in conducting the sale. The amended complaint amply stated a cause of action, and the allowance of the motion to dismiss under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), was erroneous.
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