Bank of New York v. Bailey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• challenging evicting party’s entitlement to possession “has long been considered a valid defense to a summary process action for eviction where the property was purchased at a foreclosure sale”
• “Challenging a plaintiff s entitlement to possession has long been considered a valid defense to a summary process action for eviction where the property was purchased at a foreclosure sale”
• a defendant in a post-foreclosure summary process action may challenge in the Housing Court a plaintiffs right to possession by putting legal title in issue
• \The Housing Court's jurisdiction over [possession] is concurrent with that of the District Court and Superior Court\
• “In this case, we are not faced with the issue whether MERS may properly be both the mortgagee and an agent of the mortgagee, and we do not decide in which capacity MERS acted here.”
• \legal title may be put in issue\ in summary process actions

Source: CourtListener parenthetical corpus (CC0).