Attorney General v. Dime Savings Bank Of New York

596 N.E.2d 1013 (1992)

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Nature of the Case

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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.