Many foreclosure actions are complex, making them difficult to defend without assistance from a Massachusetts real estate attorney. In a January 10, 2018 case before the Appeals Court of Massachusetts, a homeowner and her son were the defendants in a foreclosure summary process complaint brought by the mortgage company. Although the defendants filed an answer pro se, the homeowner obtained counsel soon thereafter, who filed a new answer and counterclaims against the mortgage company.
Following discovery, the mortgage company moved for summary judgment, contending that it had superior right and title to the property and that, due to the homeowner’s unsuccessful challenge of the validity of the foreclosure in 2011, her counterclaims were barred by res judicata. The homeowner also moved for summary judgment, asserting that the mortgage company failed to provide proper notice of default. Her motion was allowed, and judgment was entered.
The mortgage company then filed a notice of appeal, which was dismissed as premature due to the unresolved claims against the son. After the mortgage company was granted a default judgment against the son, it filed a motion for reconsideration of its notice of appeal. The appellate division denied it; however, its order allowed the mortgage company to file a new notice of appeal and thereafter perfect its appeal. After the mortgage company filed the motions, the appellate division vacated the judgment for possession for the homeowner and entered judgment in favor of the mortgage company. The homeowner subsequently appealed that decision.