Jepson v. Deutsche Bank National Trust Co.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Under Massachusetts law, a person in possession of, and holding record title to, a property subject to the adverse claim of another may bring an action under the state’s try title statute to resolve the dispute. In the process of adjudicating a try title claim between the above captioned parties, this Court held that the try title statute allowed a mortgagor to bring an action against a purported mortgagee who had initiated foreclosure procedures. Recently, in a related case, the First Circuit ruled that such an action cannot lie. As a…