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MURPHY v. WACHOVIA BANK OF DELAWARE, N.A.

No. 13-P-1943.

88 Mass. App. Ct. 9 (2015)

HAROLD B. MURPHY, trustee, v. WACHOVIA BANK OF DELAWARE, N.A., & another.

Appeals Court of Massachusetts, Middlesex.

August 13, 2015.

Attorney(s) appearing for the Case

David M. Bizar for Wachovia Bank of Delaware, N.A.

John C. Elstad for the plaintiff.

Present: KAFKER, COHEN, & MILKEY, JJ.

This case concerns the proper distribution of surplus funds after a foreclosure sale initiated and conducted by the holder of a second mortgage. After a jury-waived trial, a judge of the Superior Court ruled that defendant Wachovia Bank of Delaware, N.A. (Wachovia), erroneously distributed surplus funds to the holder of the first mortgage...

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