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BEAL BANK, SSB v. EURICH.

444 Mass. 813 (2005)

BEAL BANK, SSB vs. RICHARD R. EURICH.

Supreme Judicial Court of Massachusetts, Middlesex.

August 3, 2005.

Attorney(s) appearing for the Case

Christopher P. Litterio (Brian K. French with him) for the plaintiff.

Mark W. Corner for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

Beal Bank, SSB (bank), brought an action against Richard R. Eurich (defendant) to recover a deficiency on a mortgage note after a foreclosure sale. After a jury-waived trial, the trial judge entered judgment for the bank and ordered the defendant to pay the deficiency and attorney's fees. The defendant appealed from the judge's decision, and in an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court reversed the judgment, holding...

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