in their opinion, the Atlantic Savings court’s use of both title theory and an expansive definition of “deed” to include mortgages was judicial overreach. Moreover, the Debtors argue that, if asked, the Massachusetts Supreme Judicial Court (the “SJC”) would overturn Atlantic Savings not only given the foregoing but on policy grounds as well. The Debtors argue that amendments to § 7 over time signal the Massachusetts Legislature’s policy goal of enhancing the protections of M.G.L. ch. 188 by obviating any resort t 747, 405 N.E.2d 954, 959 (1980) (finding that a mortgage is a conveyance of title defeasible by mortgagor performing certain conditions) (citing Perry v. Miller, 330 Mass. 261, 263, 112 N.E.2d 805, 806 (1953)); Negron v. Gordon, 373 Mass. 199, 204, 366 N.E.2d 241, 244 (1977) (<HOLDING>); Krikorian v. Grafton Co-op. Bank, 312 Mass.
holding in addition that where constructive trust imposed trustee holds legal title only under section 541a holding that a title holder has  the superior right to possession over one who holds no title holding that by operation of law a trust results where a person holds naked title for the benefit of another holding that mortgagee holds legal title subject to defeasance holding that the mortgagee named in the mortgage at the time of the mortgages execution acquired the legal title to the property