Facts: Defendant Quinton Gabriel owned property in
Dorchestor. He granted a mortgage to Wells Fargo and then Wells Fargo
foreclosed on that mortgage at a foreclosure sale and Deutsche Bank acquired
title by foreclosure deed. The lower court granted summary judgment to Deutsche
Bank.
Issue 1: Whether the Plaintiff is entitled to summary process
to evict the Defendants when he provided a certified copy of the deed rather
than the original deed. (Common law required showing of an original deed
whereas the statute allowed certified copies)
Yes. When a subsequent statute is in conflict with an
earlier common law rule, the current statute supersedes the common law rule,
especially when the rule was decided well before there were reliable methods of
reproducing documents.
Issue 2: Whether the affidavit of sale that Deutsche Bank
submitted was sufficient in supporting ownership of the property in the motion
for summary judgment.
Yes. It was sufficient because it conformed to the statutory
model of G.L. c. 183 section 8, which accordingly also satisfies G.L. c. 244
section 15.
Issue 3: Whether the Defendants were entitled to raise a
“conditions defense”.
No. The Defendants are not occupants that occupy the
premises for dwelling purposes within the meaning of the statute. The only
indication that the Defendants were occupants is that their claim that they
were tenants at sufferance. There is no allegation that the defendants were
ever tenants or that they had leased or rented the premises at any time.
Judgment is affirmed.
Deutshce Bank was both required and entitled to pursue
summary process. (ML)
