Homeward Residential, Inc. v. Gregor
Annotate this CaseBank of America brought this foreclosure action against Marianne Gregor. Homeward Residential, Inc. was later substituted as plaintiff. The district court entered judgment for Gregor, determining that Homeward Residential had not established that it had standing to foreclose on the mortgage. In its judgment, the court stated that “[t]he parties may relitigate issues discussed herein in a future action.” The Supreme Judicial Court vacated the judgment, holding that the district court (1) correctly determined that Homeward Residential lacked standing to pursue the foreclosure claim; but (2) erred when it made findings and entered judgment for Gregor rather than dismissing the action for lack of standing. Remanded for an entry of a dismissal without prejudice.
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