SULLIVAN vs. KONDAUR CAPITAL CORPORATION | MASS. Appeals Court | Though several of the Sullivans’ challenges are without merit, we conclude that the complaint sufficiently stated a claim that Kondaur’s title to the mortgage was defective at the time of the foreclosure, and reverse the judgment.
17 April 2014
<EXCERPT> Proof of Flowers’s authority to assign the mortgage on Saxon’s behalf (to the extent she was authorized) accordingly requires additional evidence than appears either on the face of the second assignment or in the record. Sadly, the second assignment is further illustration of the phenomenon observed in the concurrence to U.S. Bank Natl. Assn. [...]