Danielczuk v. Ferioli

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…