MASS. | Pinti v. Emigrant Mortgage Co. | Given our conclusion that the foreclosure sale was VOID . . . The declaratory judgment of the Superior Court and the orders allowing Wilion's motion for summary judgment and dismissing the plaintiffs' complaint are reversed.

SJC-11742 LINDA PINTI & another1 vs. EMIGRANT MORTGAGE COMPANY, INC., & another.2 Middlesex. January 8, 2015. - July 17, 2015. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Mortgage, Foreclosure, Real estate. Real Property, Mortgage, Sale. Sale, Real estate. Notice, Foreclosure of mortgage. Declaratory Relief. Practice, Civil, Declaratory proceeding, Summary judgment. BOTSFORD, J. In 2012, the defendant Emigrant Mortgage Company, Inc. (Emigrant), foreclosed on the mortgage of the plaintiffs Lesley Phillips and Linda Pinti by exercise of the power of sale contained in the mortgage. Thereafter, the plaintiffs filed this action in the Superior Court against Emigrant and the defendant Harold Wilion, the purchaser of the property at the foreclosure sale, seeking a declaratory judgment that the sale was void because Emigrant failed to comply with paragraph 22 of the mortgage, which concerns the mortgagee's provision of notice to the mortgagor of default and the right to cure, and also the remedies available to the mortgagee upon the mortgagor's failure to cure the default, including the power of sale (notice of default provisions). We agree with the plaintiffs that strict compliance with the notice of default provisions in paragraph 22 of the mortgage was required as a condition of a valid foreclosure sale, and that Emigrant failed to meet the strict compliance requirement. Accordingly, we reverse the allowance of the defendant Emigrant's motion to dismiss and of the defendant Wilion's motion for summary judgment.3