FLEET NATIONAL BANK v. SMITH


1999 Mass. App. Div. 163 (1999)

Fleet National Bank v. Douglas Smith, and another

Massachusetts Appellate Division, Northern District.

June 22, 1999.


Attorney(s) appearing for the Case

Paul J. Barresi for the plaintiff.

R. Robert Allison for the defendant.

Present: Coven, Greco & Curtin, JJ.


Curtin, J.

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

On December 17, 1997, the plaintiff-mortgagee commenced this action to recover a deficiency following its foreclosure sale of the defendant-mortgagors' realty. The defendants were served with process on January 5, 1998.

On January 22, 1998, three days before the expiration of the...

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