Legal Opinion
Wells Fargo Fin. Mass., Inc. v. Mulvey
Massachusetts Appeals Court
Decided August 17, 2018No. 17-P-128PublishedCited by 1 opinion
1Opinion of the CourtDesmond, J.
*768By complaint in the Superior Court, the plaintiff, Wells Fargo Financial Massachusetts, Inc. (Wells), sought a declaration that language in a mortgage granted to it by the defendants, Deborah M. Mulvey and Brian F. Mulvey, entitled it to exercise the statutory power of sale upon the Mulveys' default. The Mulveys did not answer the complaint and were defaulted. A judge of the Superior Court (motion judge) thereafter dismissed the complaint, based on her conclusion that it did not present a justiciable controversy. We affirm.
Background. On May 28, 1992, the Mulveys purchased real property…
2Cases cited13 opinions
- School Committee of Cambridge v. Superintendent of SchoolsMassachusetts Supreme Judicial Court · 1946
- Beaton v. Land CourtMassachusetts Supreme Judicial Court · 1975
- City of Boston v. Keene Corp.Massachusetts Supreme Judicial Court · 1989
- Bunker Hill Distributing, Inc. v. District AttorneyMassachusetts Supreme Judicial Court · 1978
- Cole v. Chief of PoliceMassachusetts Supreme Judicial Court · 1942
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3Cited by1 opinion
- JOHN J. SULLIVAN v. SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTION, SHIRLEY, & others.Massachusetts Appeals Court · 2022