Bevilacqua v. Rodriguez, 460 Mass. 762

Bevilacqua filed a try title petition in the Land Court seeking to cloud Rodriguez's title due to a purported defective foreclosure.
Rodriguez granted a mortgage to MERS as nominee for Finance America; the mortgage was recorded.
On June 29, 2006, MERS had not assigned the mortgage to U.S. Bank, but on that date U.S. Bank executed a foreclosure deed purporting to transfer the property.
MERS assigned the mortgage to U.S. Bank on July 21, 2006, and a confirmatory foreclosure deed was executed on October 9, 2006.
U.S. Bank then quitclaimed the property to Bevilacqua on October 17, 2006; Bevilacqua claimed to reside on the property and hold record title.
The Land Court dismissed Bevilacqua’s petition for lack of standing, and Bevilacqua appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bevilacqua has standing to file a try title action	Bevilacqua asserts possession and record title via quitclaim deed and chain of title	Rodriguez/defendants contend no record title held by Bevilacqua	Bevilacqua lacks standing; record title not shown
Whether a single recorded quitclaim deed suffices to establish record title	Quitclaim deed alone should establish record title	Mere deed recording not enough without title in grantor's chain	Single deed insufficient; must show effective chain of title
Whether the foreclosure by U.S. Bank without proper assignment voids title and defeats Bevilacqua’s claim	Foreclosure deed could support Bevilacqua’s mortgage-related title	Foreclosure void if authority to foreclose lacking; title defective	Foreclosure void; chain defective prevents Bevilacqua from obtaining record title
Whether Bevilacqua can rely on being mortgagee or as bona fide purchaser to gain standing	Bevilacqua as mortgagee or bona fide purchaser for value should give standing	Equitable/mortgage theory inconsistent with relief sought; no notice of defects	Mortgagee/bona fide purchaser theory cannot supply standing here
Whether dismissal should be with prejudice or without prejudice	Dismissal should be with prejudice due to lack of standing	Dismissal should prevent further action on same issues	Dismissal should be without prejudice; could be pursued in different form

Arnold v. Reed, 162 Mass. 438 (1894) (requirement of record title for try title actions; mere possession insufficient)
Blanchard v. Lowell, 177 Mass. 501 (1901) (two-step structure of try title; need adverse claim and testing mechanism)
U.S. Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637 (2011) (foreclosure lacking jurisdiction/authority void; title theory context)
Mead v. Cutler, 208 Mass. 391 (1911) (writ of entry context; historical background to possessory actions)