Pinti v. Emigrant Mortgage Co., Inc.Annotate this Case
Plaintiffs granted a mortgage on their property to Emigrant Mortgage Company, Inc. Emigrant later foreclosed on the mortgage by exercise of the power of sale contained in the mortgage. Harold Wilion purchased the property at the foreclosure sale. Plaintiffs brought this action against Emigrant and Wilion, seeking a judgment declaring that the sale was void because Emigrant failed to comply with paragraph 22 of the mortgage, which contains the mortgagee’s provision of notice to the mortgagor of default and the right to cure, as well as the remedies available to the mortgagee upon the mortgagor’s failure to cure the default. The superior court allowed Emigrant’s motion to dismiss and Wilion’s motion for summary judgment, concluding that Emigrant was not required strictly to comply with the notice of default and right-to-cure provisions of paragraph 22 of the mortgage. The Supreme Judicial Court reversed, holding (1) strict compliance with the notice of default provisions in paragraph 22 was required as a condition of a valid foreclosure sale; and (2) Emigrant failed to meet the strict compliance requirement. Remanded.