Legal Opinion
Bank of New York Mellon Corp. v. Wain
Massachusetts Appeals Court
Decided June 24, 2014No. 13-P-101PublishedCited by 40 opinions
1Opinion of the CourtMilkey, J.
David Wain and Donovan Kerr (collectively, the homeowners) owned property in Nantucket that was subject to a mortgage. The Bank of New York Mellon Corp. (bank) acquired that mortgage through an assignment from the original mortgagee. After the homeowners defaulted, the bank foreclosed and purchased the property at the foreclosure sale. The bank then filed an action to quiet title, and the homeowners filed counterclaims seeking to challenge the validity of the foreclosure on various grounds.3 In a detailed and thoughtful decision, a Land Court judge ruled in the bank’s favor on summary…
2Cases cited8 opinions
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
- Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
- Town of Brookline v. GoldsteinMassachusetts Supreme Judicial Court · 1983
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- U.S. Bank National Ass'n v. SchumacherMassachusetts Supreme Judicial Court · 2014
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Galvin v. U.S. Bank, N.A.Court of Appeals for the First Circuit · 2017
- Santos v. U.S Bank National AssociationMassachusetts Appeals Court · 2016
- Haskins v. Deutsche Bank National Trust Co.Massachusetts Appeals Court · 2014
- Giannasca v. Deutsche Bank Nat'l Trust Co.Massachusetts Appeals Court · 2019
- Sullivan v. Bank of New York Mellon Corp.District Court, D. Massachusetts · 2015
35 more not listed; retrieve them via the Exa API.