BayBANK v. SULLIVAN


1998 Mass. App. Div. 112 (1998)

BayBank v. Richard A. Sullivan, and another

Massachusetts Appellate Division, Northern District.

May 27, 1998.


Attorney(s) appearing for the Case

Thomas J. Iovieno for the plaintiff.

Paul L. Tariot for the defendants.

Present: Sherman, P.J., Merrick & Greco, JJ.


Merrick, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A expedited appeal by the defendants of the denial of their motion for relief from judgment.

Plaintiff BayBank commenced this action to recover a deficiency after a mortgage foreclosure. The defendants contended that: (1) a bankruptcy court order had discharged their mortgage debt to BayBank, and (2) BayBank failed to give the written notice of intent to seek a deficiency required by G.Lc. 244, §...

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