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In the case of Bevilacqua v.Rodriguez, appealed from a Land Court decision, the SJC has ruled on a follow up issue from the earlier case of US Bank National Ass. v. Ibanez. In Ibanez, the court held that absence of authority to hold the mortgage, the sale is void. In the current case, the SJC ruled that the purchaser at foreclosure, Bevilacqua, had no standing to sue for title since the underlying foreclosure was invalid. In an unusual twist, the respondent did not appear and could not be located. The Land Court, in his absence, raised the issue of standing under MGL ch. 240 sec. 1.
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