Federal National Mortgage Ass'n v. Hubner

The defendant, Asa J. Hubner (“Hubner”), appeals from a trial judge’s decision in a summary process case awarding the plaintiff, Federal National Mortgage Association (“Fannie Mae”), possession of property in Nantucket. The primary issue raised by this appeal, the application of G.L.c. 244, §35A to summary process actions, has recently been resolved by the Supreme Judicial Court adversely to Hubner’s position. Finding that none of the other, largely evidentiary, issues raised by Hubner warrant disturbing the trial judge’s decision, we affirm.

The factual background necessary to resolve this…