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IN RE BAILEY

Bankruptcy No. 09-44760-HJB. Adversary No. 09-4190.

468 B.R. 464 (2012)

In re Carmen M. BAILEY, Debtor, Carmen M. Bailey, Plaintiff v. Wells Fargo Bank, NA, Defendant.

United States Bankruptcy Court, D. Massachusetts, Central Division.

April 10, 2012.

Attorney(s) appearing for the Case

Michael J. Tremblay, Law Office of Michael J. Tremblay, Marlborough, MA, for Plaintiff.

Jennifer Normand, Harmon Law Offices, P.C., Newton Highlands, MA, for Defendant.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court are the parties' cross-motions for summary judgment on the debtor's claim that the defendant's prepetition foreclosure of her residence was void under Massachusetts law because the defendant did not provide proper notice of the foreclosure and did not hold the mortgage on the property at either the time it sent notice of the foreclosure or at the time of the foreclosure sale...

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