Fed. Home Loan Mortg. Corp. v. Bartleman

*800The two issues before us are (1) whether an affidavit of sale was erroneously excluded from evidence at trial *801in this summary process action, and (2) whether the defendants timely and fairly raised the issue of whether the plaintiff had complied with paragraph 22 of the mortgage. We conclude that the affidavit was erroneously excluded from evidence, and a limited retrial on the subject matter of the affidavit is required. We also conclude that, although the paragraph 22 issue was not timely and fairly raised in the trial court such as to entitle the defendants to the retroactive benefit of…