Mere inadequacy of price is insufficient grounds under state law to set aside a foreclosure sale. Sher v. South Shore National Bank, 360 Mass. 400, 402, 274 N.E.2d 792 (1971); West Roxbury Co-op Bank v. Bowser, 324 Mass. 489, 493, 87 N.E.2d 113 (1949); DesLauries v. Shea, 300 Mass. 30, 34-36, 13 N.E.2d 932 (1938); Ross v. Vadeboncoeur, 298 Mass. 523, 11 N.E.2d 430 (1937); Sandler v. Silk, 292 Mass. 493, 497, 198 N.E. 749 (1935); Freedman v. Peoples National Bank of Marlborough, 291 Mass. 168, 196 N.E. 846 (1935); Gadreault v. Sherman, 250 Mass. 145, 145 N.E. 49 (1924); McCarthy v. Simon, 247 Mass. 514, 142 N.E. 806 (1924); Porter v. Porter, 236 Mass. 422, 128 N.E. 795 (1920); Manning v. Liberty Trust Co., 234 Mass. 544, 125 N.E. 691 (1920); Turansky v. Weinberg, 211 Mass. 324, 97 N.E. 755 (1912); Stevenson v. Dana, 166 Mass. 163, 44 N.E. 128 (1896); Austin v. Hatch, 159 Mass. 198, 34 N.E. 95 (1893); Wing v. Hayford, 124 Mass. 249 (1878); King v. Bronson, 122 Mass. 122 (1877); but see, Fairhaven Savings Bank v. Callahan, 391 Mass. 1011, 462 N.E.2d 112 (1984); Chartrand v. Newton Trust Co., 296 Mass. 317, 320-21, 5 N.E.2d 421 (1937) ("Mere inadequacy of price obtained will not invalidate a sale unless it is so gross as to indicate bad faith or lack of reasonable diligence"). Further, the absence of bidders at a foreclosure sale does not invalidate a foreclosure sale.
We think no one would doubt on reading the notice that such would be the date on which the sale would take place. See Streeter v. Ilsley, 151 Mass. 291; Turansky v. Weinberg, 211 Mass. 324; Flynn v. Curtis Pope Lumber Co. 245 Mass. 291, 297; Brooks v. Bennett. ante, 8. The fact that the date of the notice of the foreclosure sale as published was May 17, 1930, did not render the sale invalid because the first publication was printed in the newspaper on May 16, 1930. Although the bill alleges that this error in the date of the notice tended to keep buyers from the sale, there is no allegation that in fact any bidders were misled by the discrepancy in the dates.
The master's finding that inadequacy of price had not been shown must stand and, the mortgagees having "foreclosed because they wanted their money, and not from any improper motive," and the sale having been conducted with reasonable regard for the interests of those claiming under the mortgagor, the decree dismissing the bill should be affirmed. King v. Bronson, 122 Mass. 122. Wing v. Hayford, 124 Mass. 249. Austin v. Hatch, 159 Mass. 198. Turansky v. Weinberg, 211 Mass. 324. Bon v. Graves, 216 Mass. 440. Taylor v. Weingartner, 223 Mass. 243, 247, 248. Winchester Rock Brick Co. v. Murdough, 233 Mass. 50. Ordered accordingly.
Bon v. Graves, 216 Mass. 440, 446. Briggs v. Briggs, 135 Mass. 306, 309. Dexter v. Shepard, 117 Mass. 480. There was evidence to show that the notice of sale was published not only in the Boston Advertiser but also in the Banker and Tradesman, that notice was mailed to the plaintiff, and that the owner of the equity of redemption also had notice, that on May 15, the day fixed for the sale, it was adjourned for two weeks by direction of the defendant at the request of Nickerson, the owner of the equity, for the purpose of giving him an opportunity to pay the taxes, that, the taxes not having been paid, the sale was made on May 29. While the defendant was the only bidder, that fact is not sufficient to set aside the sale, nor does the fact that the estate brought less than its value as found by the court render it invalid. Learned v. Geer, 139 Mass. 31. Stevenson v. Hano, 148 Mass. 616. Fennyery v. Ransom, 170 Mass. 303. New England Mutual Life Ins. Co. v. Wing, 191 Mass. 192. Turansky v. Weinberg, 211 Mass. 324. Vahey v. Bigelow, 208 Mass. 89. The evidence shows that the defendant complied in all respects with the power. There was also evidence to show that he endeavored to induce others to attend the sale and bid upon the property.