Question
In a title theory state like Massachusetts, the mortgagee in theory has legal title to the property, though the mortgagee holds it in trust for
In a "title" theory state like Massachusetts, the mortgagee in theory has legal title to the property, though the mortgagee holds it in trust for the mortgagor, who has equitable title. The alternative "lien" theory holds that legal title remains in the mortgagor, and the mortgage is merely a lien on the property. Does the difference between title theory and lien theory make any difference in this case? (Because of the mortgagor's equitable title in title theory states, the general modern answer is that there is no difference in the governing legal principles, but the reasoning may vary from state to state.) What about the fact that the foreclosure was done through a nonjudicial power of saleshould that make a difference?
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