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QUEENO v. COLONIAL CO-OPERATIVE BANK

No. 04-P-179.

63 Mass. App. Ct. 392 (2005)

CAMERON QUEENO & another v. COLONIAL CO-OPERATIVE BANK & others.

Appeals Court of Massachusetts, Worcester.

May 4, 2005.

Attorney(s) appearing for the Case

Steven M. LaFortune for the plaintiffs.

Blake J. Godbout for Colonial Co-Operative Bank.

Present: LENK, SMITH, & KAFKER, JJ.

SMITH, J.

In this appeal, we must decide whether an unrecorded purchase and sale agreement (agreement) has priority over a recorded bank mortgage where the bank had actual notice of the agreement before it issued the mortgage. A Superior Court judge granted summary judgment to the bank. The plaintiffs, Cameron and Melinda Queeno, have appealed, claiming that as a result of the bank having actual notice of the agreement...

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