Iag Federal Credit Union v. Laterman

The plaintiff (bank) filed an action in the Superior Court to recover the balance due on two promissory notes signed by the defendants. After filing the action, the bank sent notice of its intent to foreclose the mortgage to Joseph Comperchio, sole mortgagor of record and trustee of the property that had been granted as security for these loans. *117No notice of intent to foreclose was sent to the defendants. The bank then proceeded to foreclose the mortgage under the power of sale contained in the mortgage. After applying the foreclosure sale proceeds to the monies owed on the two notes, a judge…