Federal National Mortgage Ass'n v. Hendricks
463 Mass. 635
| Mass. | 2012Background
- Hendricks granted a mortgage on property in Roslindale to MERS; mortgage includes statutory power of sale under G. L. c. 244, § 14.
- Foreclosure by MERS occurred; bid at foreclosure was highest and assigned to Fannie Mae, which paid and obtained a foreclosure deed.
- Foreclosure deed and statutory Form 12 were recorded on July 14, 2010; affidavit of sale included dates of publication and notice compliance statements.
- Fannie Mae filed a summary process action; asset recovery manager submitted the affidavit and attached documents; Hendricks did not contest notice or § 14 compliance beyond critiquing the form.
- Hendricks argued the statutory form, as supplemented, failed to include full and particular acts under § 15; trial court granted summary judgment for Fannie Mae; issue on appeal is whether the form suffices as prima facie evidence of compliance.
- Court affirming summary judgment holding that the statutory form, coupled with the deed, provides prima facie evidence of possession right and that extrinsic evidence was not required given Hendricks did not raise a genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the uncontroverted statutory-form affidavit sufficient for prima facie possession? | Fannie Mae: statutory form suffices under §8 to prove compliance with §14. | Hendricks: form lacks full and particular acts per §15. | Yes; form constitutes prima facie evidence of possession. |
| Can extrinsic evidence cure deficiencies if the affidavit is in statutory form? | No extrinsic needed unless a live issue; form suffices. | Extrinsic evidence required to prove proper power-of-sale exercise. | Extrinsic evidence not needed where the form is prima facie adequate. |
| Does the statutory form conflict with modern notice requirements (mail notice) of §14? | Defendant can challenge, but plaintiff’s prima facie case was established. | Defendant may rely on defective affidavit to defeat summary judgment. | Defendant must show genuine issue; here none. |
Key Cases Cited
- Lewis v. Jackson, 165 Mass. 481 (Mass. 1896) (affidavit of sale sufficient to support possession rights)
- Bank of N.Y. v. Bailey, 460 Mass. 327 (Mass. 2011) (prima facie burden and remedy in summary process)
- O'Meara v. Gleason, 246 Mass. 136 (Mass. 1923) (extrinsic evidence to cure power-of-sale defects)
- Silva v. Turner, 166 Mass. 407 (Mass. 1896) (affidavits of sale nonconclusive proof; evidence effect limited)
- Field v. Gooding, 106 Mass. 310 (Mass. 1871) (purpose of statutory form to preserve evidence of power of sale)
- Atkins v. Atkins, 195 Mass. 124 (Mass. 1907) (affidavits of sale as evidence, not conclusive)