SHANE v. WINTER HILL FEDERAL SAVINGS & LOAN ASS'N


397 Mass. 479 (1986)

492 N.E.2d 92

RICHARD SHANE, trustee, & another vs. WINTER HILL FEDERAL SAVINGS AND LOAN ASSOCIATION.

Supreme Judicial Court of Massachusetts, Middlesex.

May 7, 1986.


Attorney(s) appearing for the Case

Floyd H. Anderson for the plaintiffs.

Eugene F. Grant for the defendant.

Present: LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The novel question presented by this case is whether an agreement between the mortgagor of a parcel of land and the first mortgagee to increase the rate of interest on the mortgage is binding on the second mortgagee and consequently on the plaintiffs, as nominees of the second mortgagee and assignees of its rights and interests concerning this matter. The agreement to raise the interest rate was made without notice...

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