BASS v. BOSTON FIVE CENT SAV. BANK

Civ. A. Nos. 72-2282-C through 72-2889-C.

478 F.Supp. 741 (1979)

Henry J. BASS et al. v. BOSTON FIVE CENT SAVINGS BANK. Laurence CHAIT et al. v. WATERTOWN SAVINGS BANK. Herbert FEINSTEIN et al. v. WALTHAM FEDERAL SAVINGS AND LOAN ASSOCIATION. Nathan LISKOV et al. v. CAMBRIDGEPORT SAVINGS BANK. Henry PLOTNICK et al. v. SUFFOLK FRANKLIN SAVINGS BANK. Albert ZABIN et al. v. LEXINGTON TRUST CO. Anna PANDISCIO v. SECURITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF BROCKTON. Anna PANDISCIO v. HOME OWNERS FEDERAL SAVINGS AND LOAN ASSOCIATION.

United States District Court, D. Massachusetts.

September 28, 1979.


Attorney(s) appearing for the Case

Albert P. Zabin, Michael E. Mone, Joseph Schnieder, Boston, Mass., for Henry Bass, et al.

William S. Monahan, Harrison, Maguire & Monahan, Boston, Mass., for Boston Five Cents Savings Bank.

Albert P. Zabin, Michael E. Mone, Joseph Schneider, Boston, Mass., for Laurence Chait et al.

Robert F. White, Sherburne, Powers & Needham, Boston, Mass., for Watertown Sav. Bank.

Albert P. Zabin, Michael E. Mone, Joseph Schneider, Boston, Mass., for Herbert Feinstein et al.

James J. Myers, Paul F. Hannah, Gadsby & Hannah, Boston, Mass., for Waltham Federal Sav. and Loan Ass'n.

Albert P. Zabin, Michael E. Mone, Joseph Schneider, Boston, Mass., for Nathan Liskov et al.

Henry E. Foley, David W. Walker, William J. Cheeseman, Foley, Hoag & Eliot, Boston, Mass., for Cambridgeport Sav. Bank.

Thomas E. Connolly, Albert P. Zabin, Michael E. Mone, Joseph Schneider, Boston, Mass., for Henry Plotnick.

Gael Mahony, Hill & Barlow, Boston, Mass., for Suffolk Franklin Sav. Bank.

Michael E. Mone, Joseph Schneider, Boston, Mass., for Albert P. & Judith Zabin.

Alfred P. Tropeano, Lexington, Mass., Robert D. Canty, Gaston, Snow & Ely, Boston, Mass., for Lexington Trust Co.

Albert P. Zabin, Schneider, Reilly, Zabin, Connolly & Costello, P. C., Boston, Mass., for Anna Pandiscio.

George L. Wainwright, Brockton, Mass., for Security Federal Sav. & Loan of Brockton.

Bernard A. Dwork, Barron & Stadfeld, Boston, Mass., for Home Owners Federal Sav. & Loan Ass'n.


OPINION

CAFFREY, Chief Judge.

In 1972 eight virtually identical actions were filed in this court. Each of the eight complaints alleged that a named defendant mortgagee bank had required, as a condition on the extension of credit under a mortgage agreement, that the plaintiff mortgagor property owners make monthly deposits in a tax escrow account with the defendant bank of ½ of the estimated annual real estate taxes on the mortgaged property. It was...

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