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BANK OF NEW YORK v. BAILEY

SJC-10801.

460 Mass. 327 (2011)

BANK OF NEW YORK, trustee, v. KC BAILEY.

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 2011.

Attorney(s) appearing for the Case

Jennifer Tarr ( H. Esme Caramello with her) for the defendant.

Peter Guaetta ( Victor Manougian with him) for the plaintiff.

Pamela S. Kogut , for Chelsea Collaborative & others, amici curiae, submitted a brief.

Ilana Gelfman , Richard M.W. Bauer , Nadine Cohen, & Ann Jochnick, for City Life/Vida Urbana, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

DUFFLY, J.

The question we address in this case is whether the Housing Court has jurisdiction to decide the validity of a challenge to a title, raised by a former homeowner as a defense to a summary process eviction action by a party acquiring the property pursuant to a foreclosure sale. The plaintiff, Bank of New York (BNY), asserts that it acquired title to the home of the defendant, KC Bailey, pursuant to foreclosure...

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