Hatton v. Greenberg

CAMERON, Judge.

This is an appeal from a denial of a motion by the defendants, the Hattons, to file an amended answer setting up the defense of usury and from the granting of a motion for summary judgment to the plaintiffs Greenberg, et al.

We are called upon to determine whether the holder of a second mortgage in a mortgage foreclosure action by the first mortgagee may assert as a defense usury on the part of the said first mortgagee.

The facts in this case are somewhat complicated and for the purposes of determining the matter on appeal are as follows.

Berkshire Mortgage Company, not a party to…