24-P-0593
Mass. App. Ct.Jun 27, 2025Background
- Defendants, a married couple, purchased a Newton, Massachusetts property in 2000 and obtained a revolving loan secured by a mortgage in 2004.
- The note and mortgage, originally with Fleet National Bank, were assigned to Bank of America (BofA) after a merger.
- In January 2022, a BofA agent executed, and recorded, a release of the mortgage.
- BofA later claimed the mortgage discharge was filed by mistake and sued to void the release.
- BofA moved for summary judgment, supporting its motion with affidavits asserting the discharge was by mistake or inadvertence.
- The trial court granted summary judgment to BofA; defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BofA proved the mortgage was discharged due to mistake or inadvertence | BofA claims the discharge was recorded due to mistake/inadvertence and submitted affidavits so stating | Defendants contend BofA provided insufficient factual evidence to establish a mistake | The court held affidavits were conclusory and insufficient; summary judgment for BofA vacated |
| Adequacy of evidence for summary judgment | BofA asserts its affidavits and retention of the note show the discharge was mistaken | Defendants argue mere retention of the note and unpaid debt do not prove error in the discharge | The court ruled BofA failed to provide full, clear, and decisive proof of mistake |
| Reliance on other similar cases involving BofA mistaken discharges | BofA points to a series of similar claims as support | Defendants maintain each case requires specific evidence of mistake | The court found other cases do not establish mistake in this specific instance |
Key Cases Cited
- Adams v. Schneider Elec. USA, 492 Mass. 271 (Mass. 2023) (standard for summary judgment review is de novo)
- Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (Mass. 2016) (summary judgment standards and viewing facts in favor of non-movant)
- NationsBanc Mtge. Corp. v. Eisenhauer, 49 Mass. App. Ct. 727 (Mass. App. Ct. 2000) (burden of proof in claims of mistaken mortgage discharge)
- HSBC Bank USA, N.A. v. Morris, 490 Mass. 322 (Mass. 2022) (mortgage discharge does not extinguish debt; mortgage and note are legally distinct)