ATTORNEY GENERAL V. DIME SAVINGS BANK OF NEW YORK
596 N.E.2d 1013 (1992)
NATURE OF THE CASE: Attorney General (P) brought an action for declaratory and injunctive
relief against Dime (D) after D brought actions in trespass against foreclosed mortgagors
and tenants holding over after notice to quit. The attorney general sought a declaration
that D's practice violated Mass. Gen. Laws ch. 184, 18.
FACTS: D held a mortgage of real property as security for an obligation. In each
instance, the mortgagor defaulted on the obligation. After default, D recorded memoranda of
entry, conducted foreclosure sales, and acquired perfected title to the properties by
purchasing them at the foreclosure sales. D has neither sought nor accepted payments of rent
from the occupants, and the Commonwealth stipulates that D has done nothing to create new,
post foreclosure tenancies between itself and the occupants. The property was occupied at
the time of foreclosure either by the mortgagor or a tenant of the mortgagor. All such
occupants initially entered the respective properties lawfully. In each of the cases in
which the holdover occupants were tenants of the mortgagor, the creation of the tenancy
postdated the grant of the mortgage. After foreclosing, on mortgage loans, D brought actions
in trespass against foreclosed mortgagors and tenants holding over after notice to quit and
has sought and obtained injunctions to eject holdover mortgagors and tenants from the
mortgaged properties. P sought a declaration that D's practice violates G. L. c. 184, 18
(1990 ed.). The case came before a single justice of the county court on a statement of
agreed facts. After oral argument, the single justice reserved and reported the matter to
this court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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