Maglione v. BancBoston Mortgage Corp.

How courts have described this case

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

• explaining that in a title theory state “the mortgagee may enter into possession of the mortgaged premises upon default and before foreclosure”
• “Although a mortgage vests [legal] title [in the mortgagee], that title is defeasible and is an off-shoot of the underlying debt.”
• “The mortgage splits the title into two parts: the legal title, which becomes the mortgagee’s, and the equitable title, which the mortgagor retains”
• Under the Massachusetts title theory of mortgages, the mortgagee acquires the legal title to the property.
• \[T]he presence of an undischarged mortgage-at least a recent one-in a record chain of title will serve [to] ... discourag[e] transactions in the encumbered property\
• lis pendens in mortgage' foreclosure action vacated upon deposit by mortgagee of full balance owed upon mortgage

Source: CourtListener parenthetical corpus (CC0).