Legal Opinion
Citibank, N.A. v. Leahy
Massachusetts Superior Court
Decided March 28, 2005No. 040153APublished
1Opinion of the Court
AgNes, A.J.
This is a civil action to determine the order of priority to surplus funds resulting from a foreclosure auction sale.3 Defendant, Dewitt Davenport, Trustee of Route 28 Realty (“Davenport”) and co-Defendant, The United States of America (“United States”) who have been interpleaded in the case have filed cross motions for summary judgment.
FACTS
The essential facts are not in dispute. On November 4, 2003, Citibank, N.A., as Trustee, foreclosed on the first mortgage to 14 Puddingstone Lane, Mendon, Massachusetts. Davenport’s Memo, p. 1. After satisfaction of the debt to Citibank, a…
2Cases cited7 opinions
- United States v. City of New BritainSupreme Court of the United States · 1954
- United States v. Security Trust & Savings BankSupreme Court of the United States · 1950
- United States v. Pioneer American InsuranceSupreme Court of the United States · 1963
- United States v. Equitable Life Assurance Soc. of United StatesSupreme Court of the United States · 1966
- PGR Management Co. v. CredleMassachusetts Supreme Judicial Court · 1998
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