Legal Opinion

Merrill Lynch Credit Corp. v. Costello

Massachusetts Appeals Court

Decided November 7, 2017No. 16–P–1543PublishedCited by 2 opinions

1Opinion of the Court

In this summary process action, the defendants appeal from a decision and order of the Appellate Division of the District Court Department that affirmed the order denying their motion to amend their answer (and the resulting judgment), and dismissed their appeal. We affirm.

Background. We take most of our facts from the decision of the Appellate Division, supplemented by the record. The defendants owned a house at 10 Monohansett Road, Nantucket (the property). In 2004, Sovereign Bank (Sovereign) loaned Mary5 $650,000, secured by a mortgage on the property. Mary defaulted on the loan and…

2Cases cited4 opinions

  1. Castellucci v. United States Fidelity and Guaranty Co.Massachusetts Supreme Judicial Court · 1977
  2. Afarian v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2007
  3. Doherty v. Admiral's Flagship Condominium TrustMassachusetts Appeals Court · 2011
  4. Spillane v. AdamsMassachusetts Appeals Court · 2010

3Cited by2 opinions

  1. Bishay v. Merrill Lynch Credit Corp.Massachusetts Supreme Judicial Court · 2018
  2. Costello v. Merrill Lynch Credit Corp.Massachusetts Supreme Judicial Court · 2018

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