Bank of New York Mellon v. Cataldo

The defendants, Susan Cataldo and David Russell, appeal a judgment of the Franklin District Court (Gordon, J.) awarding the plaintiff, Bank of New York Mellon (bank), a writ of possession. We affirm.

The record supports the following facts. The bank purchased the defendants’ mortgaged property at a foreclosure sale in December 2008 and later instituted eviction proceedings in district court. The defendants filed a plea of title to which the bank objected. The district court ruled:

Susan Cataldo should file an action at the Superior Court with regard to title prior to the final hearing on…