Hello and Thank you for your help. I am the owner of a mortgage with no collateral ( property ) with Bank of America due to negligence from XXXX XXXX, title company and Bank of America. 
" XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX, XXXX XXXX : XXXX XXXX XXXXFrom : Atty. XXXX XXXX Set forth below is a synopsis of the bases for my position that the titlle to Unit XXXX is flawed : On XXXX XXXX, XXXX, XXXX XXXX, the then owner of Unit XXXX, Building XXXX, XXXX XXXX XXXX XXXX, executed a mortgage to XXXX XXXX XXXX XXXX, recorded in XXXX XXXX District Registry of Deeds, Book XXXX, Page XXXX.The mortgage to XXXX was eventually assigned to XXXX XXXX Bank , Trustee. The assignment was dated XXXX/XXXX/XXXX and recorded on XXXX/XXXX/XXXX at said XXXX in XXXX XXXX, XXXX XXXX XXXX initiated foreclosure proceedings on the XXXX mortgage, culminating with an auction and sale conducted on XXXX/XXXX/XXXX. 
Legal notices for the sale were published in the XXXX XXXX on XX/XX/XXXX,XX/XX/XXXX and XX/XX/XXXX.Because the assignment of the XXXX mortgage to XXXX XXXX XXXX not executed until XXXX/XXXX/XXXX and not recorded until XXXX/XXXX/XXXX, XXXX XXXX did not have title to the property at the time that it conducted the foreclosure sale and subsequent conveyance of the property. This conclusion is based on the holding of the Massachusetts Supreme Judicial Court in the case of XXXX XXXX XXXX XXXX, Trustee vs. XXXX XXXX ( and a consolidated case ) XXXX Mass XXXX, wherein a lender tried to claim title under identical circumstances and the Court ruled that because the assignment of the mortgage to the foreclosing entity had not been recorded prior to the foreclosure sale ( and, specifically, prior to the XXXX publication of notice ) the foreclosing entity did not have good title. 
Accordingly, the foreclosure of Unit XXXX is void and title did not pass to XXXX XXXX XXXX by virtue of the deed recorded in Book XXXX. XXXX XXXX who bought the property from XXXX XXXX XX/XX/XXXX. 
