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FASSAS v. FIRST BANK & TRUST CO.

353 Mass. 628 (1968)

233 N.E.2d 924

PETER G. FASSAS & another vs. FIRST BANK AND TRUST COMPANY OF CHELMSFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

February 6, 1968.

Attorney(s) appearing for the Case

George P. Jeffreys for the plaintiffs.

Joseph P. Donahue, Jr., for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.

SPIEGEL, J.

This bill in equity seeks a declaration, inter alia, that two mortgages on two parcels of real estate owned by the plaintiffs are null and void and that fore-closure proceedings under these mortgages are likewise null and void. The plaintiffs allege that the mortgages were obtained by fraud, and that the defendant failed to comply with the requirements of G.L.c. 140, §§ 90A to 90D, in the drawing of the mortgages and note and in the foreclosure...

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