Deluca v. U.S. Bank National Ass'n

Kern, Leila R., J.

The plaintiff, Michael G. Deluca, brought suit against the defendants alleging breach of contract, fraud and a violation of G.L.c. 93A. Deluca’s claims stem from a foreclosure auction at which he purchased a properly held by the defendants as mortgagees. The defendants rescinded the sale after they discovered that the defaulted borrowers had submitted funds to reinstate their mortgage. Deluca moved for summary judgment on the issue of the defendants’ liability for breach of contract. For the reasons that follow, the plaintiffs Motion for Summary Judgment is ALLOWED.

BACKGROUND