COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT
FRANCIS BEVILACQUA, III v. PABLO RODRIGUEZ
August 26, 2010
MEMORANDUM AND ORDER DISMISSING PLAINTIFF’S COMPLAINT
Plaintiff Francis Bevilaqua holds no title to the property at 126-128 Summer Street in Haverhill. That title is held by defendant Pablo Rodriguez. What Mr. Bevilaqua has is a quitclaim deed from US Bank, N.A., which conducted an invalid foreclosure sale on the property (it was not the holder of the mortgage at the time the sale was noticed and conducted as required by G.L. c. 244, § 14) [Note 1] and thus acquired nothing from that sale. See US Bank v. Ibanez, 17 LCR 202 (Mar. 26, 2009) & 17 LCR 679 (Oct. 14, 2009) and cases cited therein. US Bank therefore had nothing to convey, and its purported conveyance to Mr. Bevilaqua was a nullity. See Bongaards v. Millen, 440 Mass. 10 , 15 (2003).
Despite this, Mr. Bevilaqua now seeks to create a full, fee simple title in himself — quite literally, something from nothing — through the “try title” procedure of G.L. c. 240, §§ 1-5. He cannot do so, for the reasons set forth below. Accordingly, his complaint is DISMISSED in its entirety, with prejudice.
- BLOOMBERG | Faulty Foreclosure Case in Massachusetts High Court May Hurt Home Buyers By Thom Weidlich – Jan 21, 2011 12:01 AM ET...
- Massachusetts Homeowner Foreclosure Case to Resume After High Court Ruling BLOOMBERG- By Thom Weidlich – Jan 10, 2011 2:03 PM...
- The Big Lie: MERS Mortgages in Massachusetts by Jamie Ranney, Esq. by Jamie Ranney, Esq. Jamie Ranney, PC 4 Thirty Acres...
- The force behind the Massachusetts decision Today my friend’s history was made. The Massachusetts decision represents...
- BLOOMBERG| Banks Lose Pivotal Massachusetts Foreclosure Case By Thom Weidlich – Jan 7, 2011 2:56 PM ET...