Federal National Mortgage Ass'n v. Gilbert

The issue on this appeal is whether, in a postforeclosure summary process action, the trial court was warranted in excluding from evidence an affidavit of sale in the form prescribed by G.L.c. 183, §8 and Appendix Form 12 and directing a verdict in favor of the former property owner.

For the reasons set forth below, we conclude that the affidavit of sale should have been admitted into evidence and, therefore, that a directed verdict was not warranted. Accordingly, we vacate the judgment and return the case for a new trial.

The defendant, Stephen M. Gilbert (“Gilbert”), lives at 75 West Elm…