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Appeals Court addresses mootness and chain-of-title disputes in post-foreclosure appeal
Summary
The panel questioned whether an appeal is moot after the appellant vacated the property, whether Pinti (Penty/Pint(y) in briefs) should apply retroactively to void a foreclosure, and whether an appellant who relinquished possession must still pay use-and-occupancy to pursue an appeal.
In Mendez v. Hall the Appeals Court wrestled with whether a summary-process appeal from a post-foreclosure eviction is moot where the appellant relinquished possession and whether defects in pre-foreclosure notices and assignments create a break in the chain of title that could void the foreclosure.
Appellant…
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