United States First Circuit

Summary judgment for defendants in an action in which plaintiff alleges that his property was wrongfully sold at foreclosure by a party without any valid legal interest in his mortgage is affirmed, where: 1) under Massachusetts law, Mortgage Electronic Registration Systems, Inc. (MERS) may validly possess and transfer a legal interest in a mortgage; 2) in the absence of any statutorily created liability, which plaintiff cannot show, plaintiff cannot hold defendants responsible for the allegedly predatory practices of their predecessor-in-interest; 3) plaintiff failed to sufficiently plead any valid basis to rescind his mortgage loan at any time; and 4) the district court did not err in granting summary judgment to defendant Wells Fargo on its counterclaims for breach of contract and possession.

Appellate Information

• Decided 03/31/2014
• Published 03/31/2014

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel