UNITED BANK v. MANI

No. 11-P-163.

81 Mass. App. Ct. 75 (2011)

UNITED BANK v. SUSAN MANI & another.

Appeals Court of Massachusetts, Hampshire.

December 30, 2011.


Attorney(s) appearing for the Case

Peri K. Agulnek for the plaintiff.

Susan Mani, pro se.

Mani George, pro se.

Present: GRAINGER, FECTEAU, & AGNES, JJ.


GRAINGER, J.

Surplus proceeds from a foreclosure sale, no less than a deficiency, can provide abundant motivation for continuing dispute, as this case demonstrates. The controlling statute, G. L. c. 183, § 27, obliges the mortgagee to pay any surplus, after satisfaction of the debt and the mortgagee's expenses, to "the mortgagor." We are confronted in these cross appeals, however, with an individual who executed a mortgage but had no interest in the property...

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