Dacruz v. CitiMortgage, Inc.

Veary, Raymond P., J.

In this action to set aside the foreclosure sale of his residential property, and to obtain other relief, the plaintiff has included the auctioneer at the foreclosure auction, Commonwealth Auction Associates, Inc. (“Commonwealth”), as a defendant. Moving to dismiss the complaint pursuant to Mass.R.Civ.P 12(b)6), Commonwealth contends that the plaintiff has failed to set forth a cognizable claim against it. The court agrees.

Although not strictly delineated, only two of the complaint’s seven counts appear to have any connection to Commonwealth. Count V alleges violations of…