Federal National Mortgage Ass'n v. Hendricks

The sole issue in this appeal is whether an uncontro-verted affidavit attesting to the statutory form “Affidavit of Sale under Power of Sale in Mortgage,” G. L. c. 183, § 8, and Appendix Form 12 (statutory form), is sufficient to show compliance with the power of sale for the purpose of establishing the *636right of possession by motion for summary judgment in a summary process action. We conclude that it is.1

A judge in the Housing Court ruled in favor of the plaintiff, the Federal National Mortgage Association (Fannie Mae), on the parties’ cross motions for summary judgment, and the defendant,…