Reem Prop., LLC v. Bigelow
Reem Prop., LLC v. Bigelow
Opinion of the Court
The defendant, James B. Bigelow, appeals from a postforeclosure judgment for possession issued by the Housing Court in favor of the plaintiff, Reem Property, LLC (Reem Property). We affirm.
Background. Bigelow granted a mortgage to World Savings Bank, FSB on real property located at 33 Whiting Road in Oxford (property). World Savings Bank, FSB later became known as Wachovia Mortgage, FSB (Wachovia) and subsequently merged into Wells Fargo Bank, N.A. (Wells Fargo). When Bigelow defaulted on his mortgage, Wells Fargo initiated foreclosure proceedings through its attorneys and notice was posted in a local newspaper. At the foreclosure sale, Reem Property was the highest bidder and obtained a foreclosure deed. The foreclosure deed was recorded with an affidavit of sale, containing the dates of publication and a statement of the affiant that the sale complied with G. L. c. 244, § 14. Thereafter, Reem Property served Bigelow with a notice to quit and vacate, which he did not comply with. Accordingly, Reem Property served Bigelow with a summary process summons and complaint pursuant to G. L. c. 239, § 1. Bigelow answered the complaint, denying that he was unlawfully occupying the property and alleging that Reem Property did not have any rights associated with the property. Reem Property filed a motion for summary judgment, which was allowed following a hearing. This appeal followed.
Discussion. 1. Standard of review. We review a grant of summary judgment de novo. Roman v. Trustees of Tufts College,
2. Analysis. Bigelow challenges the validity of the foreclosure of the property and Reem Property's title to the property. In postforeclosure summary process cases, "the plaintiff is required to make a prima facie showing that it obtained a deed to the property at issue and that the deed and affidavit of sale, showing compliance with statutory foreclosure requirements, were recorded." Bank of N.Y. v. Bailey,
Here, Reem Property made this prima facie showing by providing the foreclosure deed and affidavit of sale with its motion for summary judgment. Nonetheless, Bigelow argues that the foreclosure sale is void because the attorneys and the auctioneer lacked the authority to conduct the sale and because Wells Fargo was not the mortgagee by merger. Although it is true that "[a]ny effort to foreclose by a party lacking jurisdiction and authority to carry out a foreclosure under [ G. L. c. 183, § 21, and G. L. c. 244, § 14,] is void," U.S. Bank Nat'l Ass'n v. Ibanez,
The affidavit of sale also states that Wells Fargo is the successor by merger to Wachovia, which is further established through certificates and affidavits of merger submitted in the record. See Ibanez,
Bigelow has failed to present any evidence to support any of his contentions or to dispute the evidence presented by Reem Property. See Deutsche Bank Nat'l Trust Co. v. Gabriel,
In conclusion, after our thorough review of the record, we conclude that Bigelow has "offered nothing to show the existence of a genuine issue of material fact in response to [Reem Property's] prima facie case, and summary judgment was correctly entered against him."
3. Attorney's fees. Reem Property's request for attorney's fees and costs incurred in connection with this appeal is denied.
Judgment affirmed.
Bigelow's argument that the judge was predisposed against his case is not supported by the record, nor does it rise to the level of appellate argument. See Mass. R. A. P. 16 (a) (4), as amended,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.