Bostwick v. Santander Bank, N.A.

The pro se plaintiff brought this action to try title and for trespass, alleging that Santander Bank, N.A. (Santander), lacked authority to foreclose on the subject property because it did not own the mortgage on the property and could not produce the original note. On the defendants' motion, a Land Court judge dismissed the complaint for several reasons, including that (1) the try title claim was barred under Mass.R.Civ.P. 12(b)(9), as amended, 450 Mass. 1403 (2008), because the plaintiff had raised the same underlying allegations in a prior action still pending in Superior Court, and (2)…