United States First Circuit

Dismissal of plaintiffs' action, brought under the Massachusetts try title statute, seeking an order invalidating an assignment of the mortgage loan on their home to defendant, and enjoining defendant from commencing foreclosure proceedings pursuant to that assignment, is affirmed, where the district court did not err in its conclusions that: 1) to state a claim under the Massachusetts try title statute, a plaintiff must allege, inter alia, that an adverse claim clouds his record title; and 2) defendant's mere efforts to foreclose on the plaintiffs' home did not amount to an adverse claim under Massachusetts law.

Appellate Information

• Decided 07/01/2013
• Published 07/01/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel