NATIONAL LUMBER COMPANY v. THE CANTON INSTITUTION FOR SAVINGS, THE BANK OF CANTON

No. 00-P-787.

56 Mass. App. Ct. 186 (2002)

NATIONAL LUMBER COMPANY v. THE CANTON INSTITUTION FOR SAVINGS, THE BANK OF CANTON.

Court of Appeals of Massachusetts, Norfolk.

October 2, 2002.


Attorney(s) appearing for the Case

Louis J. Caccavaro (Mark E. Barnett with him) for the plaintiff.

Jeremy Ritzenberg for the defendant.

Present: GREENBERG, MASON, & GREEN, JJ.


GREEN, J.

The defendant bank foreclosed a first mortgage it held to secure advances under a construction loan, and the foreclosure sale yielded proceeds in excess of the amount secured by the mortgage. The bank commenced an interpleader action to determine the rights of other parties in the surplus and named, among others, the plaintiff. Despite receiving notice of the interpleader action, the plaintiff did not file an answer to the interpleader complaint until after...

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