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RUTLAND SAV. BANK v. PYLE

No. 83-598.

499 A.2d 770 (1985)

RUTLAND SAVINGS BANK v. David A. and Gail B. PYLE; J.T. Claiborne, III; Winhall Dev. Corp.; E.C. Crosby & Sons, Inc.; Riverside Mill Wk. Co., Inc.; A. Jeffers, Inc.; D. Jacobson.

Supreme Court of Vermont.

August 2, 1985.

Attorney(s) appearing for the Case

Susan J. Crawford, of Smith Harlow & Liccardi, P.C., Rutland, for defendants-appellants David A. and Gail B. Pyle.

Joseph J. O'Dea and Susan B. Dailey, Manchester, for defendant-appellee E.C. Crosby & Sons, Inc.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

GIBSON, Justice.

Rutland Savings Bank (the bank) sued to foreclose against real property that appellants David and Gail Pyle, as tenants by the entirety, and John T. Claiborne, III had mortgaged as tenants in common.

After filing its complaint, the bank extended a written invitation to all parties, including the appellants, expressing a desire to assign its interest as mortgagee. The letter asked that any party objecting to assignment communicate its objections...

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