Kim v. Rosenthal

After Petitioner’s condominium unit was foreclosed upon, Respondent became the new owner. Respondent commenced a summary process action against Petitioner, and the court ruled in Respondent’s favor. The Appellate Division affirmed. Petitioner then filed a petition for relief pursuant to Mass. Gen. Laws ch. 211, 3, arguing that the attorneys who represented her in the foreclosure proceedings committed fraud, and therefore, the judgment against her in the summary process action was void because the underlying foreclosure was void. A single justice of the Supreme Judicial Court denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that the single justice properly denied relief where Petitioner failed to demonstrate the absence or inadequacy of other remedies. View "Kim v. Rosenthal" on Justia Law