Fassas v. First Bank & Trust Co. of Chelmsford

This bill in equity seeks a declaration, inter alla, that two mortgages on two parcels of real estate owned by the plaintiffs are null and void and that foreclosure proceedings under these mortgages are likewise null and void. The plaintiffs allege that the mortgages were obtained by fraud, and that the defendant failed to comply with the requirements of G. L. c. 140, §§ 90Á to 90D, in the drawing of the mortgages and note and in the foreclosure proceedings. The defendant filed an answer and also filed a plea in bar stating that the issues in the case had been tried in another suit between…