U.S. Bank National Association

Summary

The court affirmed judgments denying two trustees' requests for declarations of clear title because they failed to prove that they held the mortgages when they published foreclosure notices and conducted the sales. Under Massachusetts law, only the mortgage holder or another statutorily authorized party may exercise the power of sale, and a postforeclosure assignment cannot retroactively supply that authority. Justice Cordy, concurring, emphasized the banks' careless documentation while noting that the court did not address the effect on later bona fide purchasers.