Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Appeals court questions Bank of America’s proof that recorded mortgage discharge was a mistake
Summary
At oral argument the bank pressed that the discharge of a mortgage was erroneous and should be set aside; opposing counsel said the bank’s primary affidavit lacked personal knowledge and failed to meet the high equitable standard of "full, clear, and decisive" proof.
The Appeals Court heard argument in Bank of America v. Druker (No. 24593) over whether the Land Court correctly set aside a recorded mortgage discharge as erroneous. The parties disputed whether the bank met the heavy equitable burden required to reform title.
Richard Vettstein, representing appellants Neil Drucker and Joanne McKinnon, told the panel the bank relied principally on an affidavit from a Bank of America employee and third‑party servicer material that…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
