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J & W WALL SYSTEMS, INC v. SHAWMUT FIRST BK. & TRUST CO

413 Mass. 42 (1992)

594 N.E.2d 859

J & W WALL SYSTEMS, INC. vs. SHAWMUT FIRST BANK & TRUST COMPANY & others.

Supreme Judicial Court of Massachusetts, Hampden.

July 8, 1992.

Attorney(s) appearing for the Case

Edward F. Vena (Charles A. Plunkett with him) for the plaintiff.

David J. Noonan for Shawmut First Bank & Trust Company.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

We hold that a mortgagee of real estate who takes a deed in lieu of foreclosure from a mortgagor is a "purchaser" of that property within the meaning of G.L.c. 254, § 7 (1990 ed.), and thus is entitled to priority over the lien for work done on the property by a subcontractor that recorded notice of its contract after the deed in lieu of foreclosure. We, therefore, agree with the motion judge who entered...

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