Bevilacqua v. Rodriguez

In this case we must determine whether a plaintiff has standing to maintain a try title action under G. L. c. 240, §§ 1-5, where he is in physical possession of real property but his chain of title rests on a foreclosure sale conducted by someone other than “the mortgagee or his executors, administrators, successors or assigns.” G. L. c. 183, § 21 (statutory power of sale). See G. L. c. 244, § 14 (procedure for foreclosure under power of sale). On his own motion, a Land Court judge determined that the plaintiff, Francis J. Bevilacqua, III, “holds no title to the property at 126-128 Summer…