Bayview Loan Servicing, LLC v. Providence Business Loan Fund, Inc.Annotate this Case
The Supreme Court affirmed the decision of the superior court granting summary judgment in favor of Plaintiff, holding that summary judgment was appropriate because the mortgage granted to Defendant was discharged by operation of the ancient mortgages statute, Mass. Gen. Laws 34-26-7, well before the commencement of foreclosure proceedings in 2017.
On appeal, Defendant argued that it held a valid mortgage on the property on which Defendant commenced foreclosure proceedings. The Supreme Court affirmed the judgment of the superior court, holding that the hearing justice did not err in granting Plaintiff’s motion for summary judgment because Defendant’s mortgage on the property was discharged by operation of the ancient mortgages statute before the foreclosure proceedings commenced.