Legal Opinion
Bank of New York v. Apollos
Massachusetts District Court, Appellate Division
Decided September 19, 2008Published
1Opinion of the CourtCoven, J.
John Apollos (“defendant”) secured a mortgage on his condominium located at 211 Main Street, Unit 1, Reading, MA (“the property”). The mortgagee was Mortgage Electronic Registration System as nominee for Countrywide Home Loans, Inc. (“Countrywide”). In August, 2006, the defendant defaulted on the mortgage. As a result, on June 25, 2007, Bank of New York, Trustee (“plaintiff’), in its capacity as mortgage holder, sent the defendant a notice of foreclosure. During this time, the defendant directed his correspondence to Countrywide Home Loans, which he still considered to be the mortgage lender.…
2Cases cited5 opinions
- Cohen v. Commissioner of the Division of Medical AssistanceMassachusetts Supreme Judicial Court · 1996
- Kargman v. DustinMassachusetts Appeals Court · 1977
- Home Savings Bank of America, FSB v. CamilloMassachusetts Appeals Court · 1998
- Associated Chiropractic Service, Inc. v. Travelers InsuranceMassachusetts District Court, Appellate Division · 1998
- Equity Residential Management Trust v. CallowayMassachusetts District Court, Appellate Division · 2001