Santander Bank, N.A. v. O'Connor

After a nonjudicial foreclosure by sale of the O’Connors’ property on Nantucket, Santander Bank, NA (“Santander”) brought a summary process action seeking possession.2 The O’Connors answered and demanded a jury trial. The trial was held on June 5,2013. The O’Connors did not appear at the trial, but their attorney was present. Santander called two witnesses who were vigorously cross-examined by the O’Connors’ attorney. After Santander rested, the trial judge allowed the O’Connors’ motion for a directed verdict because:(1) Santander failed to introduce into evidence any “notice to vacate” the…