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LAMBERT v. FLEET NATIONAL BANK

449 Mass. 119 (2007)

GEORGE LAMBERT vs. FLEET NATIONAL BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

May 11, 2007.

Attorney(s) appearing for the Case

A. Douglas Matthews for the plaintiff.

Donn A. Randall (J. Michael Scully with him) for the defendant.

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

COWIN, J.

The plaintiff, George Lambert, obtained a five-year, $500,000 commercial mortgage loan from a predecessor of the defendant, Fleet National Bank (now Bank of America).1 The bank agreed to renegotiate the mortgage loan every five years so long as, among other things, the loan was not in default. Five years later, as contemplated, the bank "rolled over" the mortgage loan into a new five...

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