Gambee v. Wells Fargo Bank, N.A.

The plaintiff, Robert R. Gambee, appeals from a judgment that dismissed, on the defendant banks' joint motion pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974), his complaint for declaratory relief. This is the latest of several actions by which Gambee has sought to set aside the 2010 foreclosure of his Nantucket property. Gambee asserts that the foreclosure was defective in various ways. The two earlier actions have both resulted in a final judgment against Gambee.3 Here, the judge ruled that Gambee's claims arise from the same factual nexus, and are at least functionally identical…