It can, if the buyer relied in good faith on a proper trustee’s certificate. In this case, the Appeals Court held that a man living in a home sold by a family trust could not undo the sale by attacking how the trustee ran the trust, because he had no evidence that the buyer lacked good faith. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
The trustee of a family trust sold a house in Middleboro to a redevelopment company. A man was living in the house. The buyer brought a summary process case in the Housing Court for possession, and the occupant filed two counterclaims asking the court to void the sale. He pointed to an appraisal valuing the house at nearly twice the sale price, a remark he said the buyer’s principal made to him at the property, and what he called an inadequate title search. The Housing Court granted summary judgment to the buyer for possession and dismissed both counterclaims.
What the court decided
The Appeals Court affirmed in Southcoast Redevelopment, LLC v. Murdoch, No. 24-P-589 (Mass. App. Ct. March 5, 2025) (Rule 23.0 decision).
The key statute is G.L. c. 184, § 35. It lets a trustee sign a certificate, under the penalties of perjury, stating the trustee’s authority to deal with trust real estate. That certificate binds the trust and all trustees in favor of a buyer who relies on it in good faith. The occupant did not dispute that the certificate met the statute’s requirements. He argued only that the buyer did not rely on it in good faith.
Because of that statute, most of the occupant’s twenty-one claimed factual disputes did not matter. They were about how the trustee managed the trust. Even if the trustee sold in a way the trust did not allow, which the court did not decide, that would not upset the buyer’s title so long as the buyer relied in good faith on the certificate.
The low price did not show bad faith. The appraisal ignored two facts: the house was sold as is, with its condition unknown, and it came with a known occupant. No reasonable jury could find from that appraisal a discount big enough to suggest bad faith.
The remark did not help either. The occupant said the buyer’s principal told him he had done better than he expected. The court read that as a comment about the condition of the property, not a sign the buyer knew of any defect in the trustee’s authority.
On the title search, the buyer showed a title search was done for a title insurance policy before the sale. Once the buyer made that showing, the occupant had to answer with admissible evidence. Godbout v. Cousens, 396 Mass. 254 (1985). His affidavit did not address the title search at all.
Finally, the court recognized that summary judgment is disfavored when a party’s state of mind is at issue, but said that rule is not absolute. A party still has to show some evidence that could get the issue to a jury, and the occupant had none.
What this means for you
If you live in a home held in a family trust, the trustee may have the power to sell it, even over your objection. Once a sale closes, the buyer usually is protected if it relied in good faith on a proper trustee’s certificate. Your complaints about how the trustee handled the trust may still be real, but they often belong in a claim against the trustee, not in a fight to undo the sale.
The case also shows what evidence works and what does not. An appraisal that ignores the home’s condition or the fact that someone is living there will carry little weight. A hostile remark is not enough unless it shows the buyer knew something was wrong with the trustee’s authority.
Timing matters most. The best chance to protect your interest is before the sale, not after.
What to do now
- Get a copy of the trust and any recorded trustee’s certificate from the registry of deeds.
- If you believe the trustee is acting outside the trust, get legal advice before any sale closes.
- If you are served with an eviction case after a sale, file an answer and raise every defense on time.
- Gather evidence that speaks directly to what the buyer knew about the trustee’s authority.
- Ask a lawyer whether your claims are better brought against the trustee instead of the buyer.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
