Legal Opinion

Deutsche Bank Nat'l Trust Co. v. Federico

Massachusetts Appeals Court

Decided March 23, 2018No. 16–P–1236Published

1Opinion of the Court

The plaintiff Deutsche Bank National Trust Company (bank) commenced this summary process action in the District Court in December, 2012, against the defendant Patricia Federico. Federico asserted numerous challenges to the bank's right of possession, including that the assignment of the mortgage to the bank was void because it did not comply with the pooling and servicing agreement, that the foreclosing attorneys did not have authority to conduct the foreclosure, and that the default and foreclosure notices were legally insufficient. After a jury trial, judgment for the bank for possession…

2Cases cited5 opinions

  1. Chokel v. Genzyme Corp.Massachusetts Supreme Judicial Court · 2007
  2. Kelsey v. Hampton Court Hotel Co.Massachusetts Supreme Judicial Court · 1951
  3. Gossels v. Fleet National BankMassachusetts Supreme Judicial Court · 2009
  4. Tynan v. Attorney GeneralMassachusetts Supreme Judicial Court · 2009
  5. Spivey v. NeitlichMassachusetts Appeals Court · 2003

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