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Blake v. Bay State Home Loan Grp., LLC.
Citations: 103 N.E.3d 1241; 93 Mass. App. Ct. 1112Docket: 17–P–264
Court: Massachusetts Appeals Court; May 29, 2018; Massachusetts; State Appellate Court
In January 2014, Jeannette and Maxwell Blake filed a try title claim in the Land Court challenging Bay State Home Loan Group, LLC's authority as a mortgagee to foreclose on their Boston property. Bay State responded with a counterclaim seeking a declaratory judgment to affirm its status as a mortgagee. The Blakes did not respond to the counterclaim but moved to voluntarily dismiss their petition in August 2015, citing the Supreme Judicial Court's decision in *Abate v. Fremont Inv. Loan*, which held that a try title action could not be maintained prior to a foreclosure sale due to lack of subject matter jurisdiction. Bay State opposed this motion, but the judge partially granted it, dismissing the Blakes' try title claim while retaining jurisdiction over Bay State's counterclaim. The Blakes argued that the judge erred by not dismissing the counterclaim, claiming that the terminology in G. L. c. 240 indicated that civil procedure rules do not apply to try title actions. However, the judge's decision was supported by both Mass. R. Civ. P. 41 and precedents from *Abate* and *Bevilacqua v. Rodriguez*, which analyze try title actions under civil procedure rules. The court clarified that while the Blakes' try title petition was dismissed due to its premature filing, Bay State's counterclaim remained valid as it represents a distinct cause of action. The judge's refusal to dismiss the counterclaim was consistent with the purpose of a try title petition, which is to compel an adverse claimant to disclaim interest or assert their claim. The Blakes originally sought to compel Bay State to bring an action regarding their property claims, which Bay State did by filing the counterclaim. The judge allowed Bay State to file a counterclaim, facilitating a quicker resolution of the Blakes' claims in accordance with civil and Land Court procedures, specifically under Land Court Standing Order 1-04 and Mass. R. Civ. P. 1. The try title statute aims for swift resolution of title disputes. The judgment was affirmed. Bay State, in its cross appeal, claimed entitlement to trial and appellate attorney's fees based on a mortgage note provision that allows recovery of costs for enforcing the note. However, Bay State’s counterclaim sought a declaratory judgment regarding its rights to the note and mortgage, rather than enforcing the note itself. Consequently, the request for appellate attorney's fees was denied, along with the request to remand the case to the Land Court for trial attorney's fees.