Boston Federal Savings Bank v. Trafton

Plaintiffs motion for summary judgment in the instant case was allowed on October 5, 1994. A hearing on damages has been scheduled. The defendant now moves to present at the hearing evidence of the proceeds plaintiff received after reselling the property. The defendant argues that the plaintiff cannot recover both from the deficiency resulting at the foreclosure sale and from the amounts received on subsequent resale to third parties.

BACKGROUND

On January 22, 1987, the defendant, Thomas R. Trafton (‘Trafton”), executed and delivered to Boston Federal Savings Bank (“BFSB”) six promissory notes…