Federal National Mortgage Ass'n v. Fiumara

This is a summary process action by Federal National Mortgage Association (“FNMA”) for possession against the former mortgagor, Colleen E Fiumara, and an occupant, Nicholas Spiro, after a foreclosure sale. The defendants filed counterclaims. On FNMA’s motion for summary judgment, the motion judge entered summary judgment for the defendants on FNMA’s summary process complaint.5 No action was taken on the counterclaims. FNMA appealed the grant of summary judgment.6 As the counterclaims have not been decided, this appeal is subject to “the basic rule that interlocutory orders are not subject to…