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MAGLIONE v. BANCBOSTON MORTGAGE CORP.

No. 89-P-720.

29 Mass. App. Ct. 88 (1990)

557 N.E.2d 756

PETER A. MAGLIONE & another vs. BANCBOSTON MORTGAGE CORPORATION.

Appeals Court of Massachusetts, Middlesex.

July 30, 1990.

Attorney(s) appearing for the Case

Edward A. Sokoloff for the plaintiffs.

Philipp G. Grefe for the defendant.

Present: BROWN, KASS, & PORADA, JJ.

KASS, J.

Insofar as the plaintiffs have "a claim of a right to title to [the] real property"2 in question, it is as second mortgagees. The question presented is whether a judge may order the dissolution of a lis pendens recorded by a mortgagee upon condition that the mortgagor or a competing mortgagee place in escrow, or bond, the amount due on the note. We hold that a judge may do so.

Ordinarily, the presence of an undischarged...

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