FITZGERALD v. THE FIRST NATIONAL BANK OF BOSTON

No. 96-P-1654.

46 Mass. App. Ct. 98 (1999)

THOMAS J. FITZGERALD & another v. THE FIRST NATIONAL BANK OF BOSTON & another.

Court of Appeals of Massachusetts, Suffolk.

January 6, 1999.


Attorney(s) appearing for the Case

Matthew J. Conroy for Thomas J. Fitzgerald.

Kevin J. Simard for The First National Bank of Boston.

Jeffrey D. Williams, for Ahmed Mujeebuddin, was present but did not argue.

Present: KASS, SMITH, & FLANNERY, JJ.


FLANNERY, J.

The plaintiffs, interested parties in a nominee trust owning certain mortgaged property in Hopkinton, challenge the adequacy of notice and selling price in connection with the foreclosure sale conducted by the defendant, The First National Bank of Boston (bank). A Land Court judge, following a two-day trial, entered judgment for the defendants. We affirm.

The subsidiary facts are not in dispute...

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