Rodriguez v. First Union National Bank

The plaintiffs, Wilsar Rodriguez and Alejo Gomez, seek proper- accounting with respect to fire insurance proceeds paid to the defendant, First Union National Bank, trustee. On *439cross motions for summary judgment, a Superior Court judge determined that the plaintiffs were entitled to a portion of the insurance proceeds. The essential facts are not in dispute.

1. Background. The plaintiffs purchased a home (the property) in October, 1997, and paid $98,000. In connection with the purchase, they granted a mortgage to the defendant’s predecessor in interest, Option One Mortgage Corporation (Option…