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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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