Wayne Investment Corp. v. Abbott
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Bank of America, N.A. v. Rosa (Mass. 2013)
- Golfco Acquisitions, Inc. v. Golftown, Inc. (Mass. Dist. Ct., App. Div. 2004)
- Southbridge RE, LLC v. Kiavi Funding, Inc. (District Court, D. Massachusetts 2023)
- Thorup v. Hodges (Mass. App. Ct. 2018)
- Brandao v. Federal National Mortgage Ass'n (In re Brandao) (United States Bankruptcy Court, D. Massachusetts 2017)
- Gold Star Homes, LLC v. Darbouze (Mass. App. Ct. 2016)
- Santos v. U.S Bank National Association (Mass. App. Ct. 2016)
- Klevisha v. Provident Funding Associates L.P. (District Court, D. Massachusetts 2016)
- Pinti v. Emigrant Mortgage Co., Inc. (Mass. 2015)
- Federal National Mortgage Ass'n v. Rogers (Mass. Dist. Ct., App. Div. 2015)
- U.S. Bank National Ass'n v. Schumacher (Mass. 2014)
- Bank of New York v. Apollos (Mass. Dist. Ct., App. Div. 2009)
- Boddy v. Jannini (Mass. Dist. Ct., App. Div. 2007)
- U.S. BANK, N.A., Trustee v. KEVIN LASHUA & Another. (Mass. App. Ct. 2026)
- WELLS FARGO BANK, N.A., Trustee v. MARY EARLE & Another. (Mass. App. Ct. 2026)
- MTGLQ INVESTORS, LP v. KATHLEEN McINTOSH & Others. (Mass. App. Ct. 2025)
- DIPLOMAT PROPERTY MANAGER, LLC v. JAMES A. LOZANO & another. (Mass. App. Ct. 2022)
- 21st MORTGAGE CORPORATION v. BRUCE CLARK DeMUSTCHINE. (Mass. App. Ct. 2022)
- Reem Prop., LLC v. Bigelow (Mass. App. Ct. 2019)
- Federal National Mortgage Association v. Marroquin (Mass. 2017)
- Wells Fargo Bank, N.A. v. Cook (Mass. App. Ct. 2015)
- ClearVue Opportunity XV, LLC v. Sheehan (Mass. Dist. Ct., App. Div. 2015)
- LNV Corp. v. Duzan (Mass. Dist. Ct., App. Div. 2014)
- Deutsche Bank National Trust Co. v. Gabriel (Mass. App. Ct. 2012)
- Bank of New York v. Bailey (Mass. 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff mortgagee prevailed in the District Court, and, on appeal by the defendant mortgagors, in the Superior Court, in summary process to obtain possession of premises purchased by the plaintiff at a foreclosure sale. All of the defendants’ exceptions concern the judge’s rulings that the issue of the plaintiff’s want of good faith when it took title at the foreclosure sale is not relevant in summary process. The judge was right. The purpose of summary process is to enable the holder of the legal title to gain possession of premises wrongfully withheld. Right to possession must be shown and legal title may be put in issue. Sheehan Constr. Co. v. Dudley, 299 Mass. 51, 53. Legal title is established in summary process by proof that the title was acquired strictly according to the power of sale provided in the mortgage; and that alone is subject to challenge. If there are other grounds to set aside the foreclosure the defendants must seek affirmative relief in equity. New England Mut. Life Ins. Co. v. Wing, 191 Mass. 192, 195, 196. The rule applies here. The issue of lack of good faith is not available to a defendant in summary process.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.