Atlas Mortgage Corp. v. Lahey

Greco, RJ.

In this action, Atlas Mortgage Corp. ("Adas”) sought to recover compensation from William and Lisa Lahey (“the Laheys”) for their use and occupancy of a single-family home in Cambridge. Atlas held a second mortgage on the home; the mortgagor was Dowd Development, Inc. (“Dowd”). When Dowd defaulted on its obligation to Atlas, Atlas commenced foreclosure proceedings. The Laheys resided in the home pursuant to an agreement with Dowd that did not obligate them to pay rent. After a jury-waived trial, the trial judge ruled that Atlas was “not entitled to rent or use and occupancy…