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SULLIVAN v. KONDAUR CAPITAL CORPORATION

No. 13-P-706.

85 Mass. App. Ct. 202 (2014)

JOSEPH L. SULLIVAN & another v. KONDAUR CAPITAL CORPORATION.

Appeals Court of Massachusetts, Suffolk.

April 16, 2014.

Attorney(s) appearing for the Case

Rockwell P. Ludden for the plaintiffs.

David M. Rosen for the defendant.

Present: KAFKER, GREEN, & SULLIVAN, JJ.

GREEN, J.

In this appeal, the plaintiffs, Joseph L. and Mary R. Sullivan (Sullivans), challenge the title of the defendant, Kondaur Capital Corporation (Kondaur), to the Sullivans' former residence, based on their contention that Kondaur did not hold a valid interest in the mortgage it foreclosed on the property in October, 2009. A judge of the Land Court allowed Kondaur's motion to dismiss the Sullivans' amended verified complaint, and thereafter denied (on grounds...

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